E 

Ha* 


IC-NRLF 


.<- 


CONSTITUTIONAL  MANUAL 


FOR  THE 


Vattmwl 


N   WHICH  IS    EXAMINED  THE  QUESTION  OF  NEGRO  SLAVERY  IN  CONNEXION  WITH  THE  CONSTITUTION 

OF  THE  UNITED  STATES. 


BY  A  NORTHERN  MAN,  WITH  AMERICAN  PRINCIPLES, 


PROVIDENCE: 
A.  CRAWFORD  GREENE  &  BROTHER,  PRINTERS, 

185C. 


A  CONSTITUTIONAL  MANUAL. 


*"  "  If  ye  seek  to  shake  off  your  allegiance  tu  Pome,  ye  Germans,  we  will  Lring  things  to 
*uch  a  pass,  that  ye  shall  unshrath  the  sword  of  extermination  against  each  other,  and  perish 
in  your  own  blood.'" — The  Pope's  Nuncio  to  the  Germans. —  D'AUBIGNE. 


CAMB  RIDGE  HEAD  QUARTERS,  ? 
July  17th,  1775.      $ 

GENERAL  ORDER.— The  General  has  great 
reason  to  be  displeased  with  the  negligence 
and  inattention  of  the  guard  who  have  been 
placed  as  sentinels  on  the  outposts  —  men 
whose  character  he  is  not  acquainted  ivith.  He 
therefore  orders  that  for  the  future,  none  but 
NATIVES  OF  THIS  COUNTRY  be  placed  on  guard 
as  sentinels  on  the  outposts.  This  order  to 
be  considered  a  STANDING  ONE,  and  the  offi 
cers  to  pay  obedience  to  it  on  their  part. 

(Signed)  FOX,  Adjt.  of  the  Day. 

Countersigned  Exeter, 

Pay-roll,  Dorchester. 

Such  was  the  order  issued  by  the  Father  of 
his  country  in  the  days  that  "tried  men's 
souls  :  " — and  it  was  to'be  a  STANDING  order ! 
Do  you  hear  that  AMERICANS  ? 

IT  WAS  TO  BE  A  STANDING  ORDER !      No  hy- 

pocritical  whining  about  the  virtues  of  "  adopt 
ed  citizens  "  was  heard  from  the  lips  of  the 
whole  soul'd  WASHINGTON  ;  it  was  enough 
that  he  was  not  acquainted  with  the,  character 
of  foreigners,  and  he  would  not  jeopard  the 
cause  of  his  country,  by  trusting  it  to  their 
keeping. 

Again  see  the  moral  that  is  embodied  in 
this  memorable  standing  order  repeated  by 
WASHINGTON  in  his  farewell  address.  "  A- 
gainst  the  insidious  wiles  of  foreign  influence 
(I  conjure  you  to  believe  me,  fellow  citizens,) 
the  jealousy  of  a  free  people  ought  to  be  con 
stantly  awake,  since  history  and  experience 
prove  that  foreign  influence  'is  one  of  the  most 
baneful  foes  of  republican  Government." 

And  think  you,  Americans,  if  Washington 
could  now  be  with  us,  his  penetrating  mind 
would  not  quickly  comprehend  the  true  CAUSE 
of  the  present  distraction  in  the  Union  ?  Would 


\  he,  think  you,  be  long  in  perceiving  that  the 
question  of  domestic  slavery  is  but  the  MEANS, 
not  the  real  CAUSE  of  our  difficulties  and  our 

:  dangers?  and  would  not  his  discriminatng 
mind  at  once  trace  these  to  their  source ;  and 

j  a  glance  of  his  eagle  eye  detect  in  it  the  hand 
of  the  foreign  potentate  who  wields  the  sword 
whose  "  HILT  is  AT  ROME  AND  ITS  BLADE 

!  EVERYWHERE." 

Yes,  Americans,  we  should  again  hear  his 
:  voice  raised  in  solemn  warning : — "  Beware,  A- 
!  mericans,  of  the  insidious  wiles  of  foreign  influ- 
1  ence  I  conjure  you  ;  your  country  is  filled  with 
i  the  secret  emissaries  of  foreign  despots,  the  jes- 
!  uit  priesthood  of  Rome,  the  most  '  BANEFUL 

:  FOES     OF    REPUBLICAN    GOVERNMENT.'       They 

have  seized  upon  the  question  of  domestic  sla- 
I  very  to  sow  your  land  with  dissention,  to  ar- 
|  ray  section  against  section,  and  are  secretly 
1  plotting  in  every  nook  and  corner  of  the  Union 

I  '  TO  ENFEEBLE  THE  SACRED  TIES  THAT  NOW  LINK 
!  TOGETHER    THE    VARIOUS    PARTS,'    and    unless 

!  speedily  rebuked,  will  embroil  you  in  civil 
i  strife  and  quench  your  liberties  in  fraternal 
!  blood.  — AROUSE  yourselves,  fellow  country- 
j  men,  '  FROWN  INDIGNANTLY  '  upon  tlieir  wiclc- 
\  ed  derigns,  keep  the  most  vigilant  watch  against 
their  '  insidious  iviles  '  and  '  place  none  but 

|  NATIVES  OF  THE  COUNTRY  ON  GUARD  '  !  " 

And  if  that  true  friend  of  Washington, — of 
I  America  and  of  the  rights  and  liberties  of  all 
1  mankind,  the  great  and  good  La  Fayette  could 
now  behold  the  elements  of  strife  that  are  at 
work  in  our  country,  he  too  would  discern  the 
true  source  of  our  troubles,  and  pointing  to  the 
thousands   of  foreign  Jesuit  emissaries  that 
swarm  in  every  portion  of  the  States,  again 
mournfully  excl-u'm,   "  Yes,  my  fearful  forebo 
dings  were  indeed  too  prophetic  of  the  truth, 

"  IF  THE  LIBERTIES  OF  AMERICA  ARE  EVER  DE 
STROYED  IT  WILL  BE  BY  RoMISH  PRIESTS." 


t' 


to  'npife  in  thei  detestation-  of  slavery    peal  from  such  a   source?  will  they  indeed 
r  o'f  the  body  or  the  mind;  under  every    rather  heed  lhe  traitorous  counsels  of  Anti  or 


form,  I  abominate  the  brutalizing,  man-de 
stroying  monster.  To  free  my  country  from 
the  curse  of  negro  slavery  I  would  gladly  con 
tribute  the  half  of  all  the  worlds  goods  I  pos 
sess :  nay  more — I  feel  that  if  the  responsibili- 


Pro  Slavery  incendiaries  or  that  of  any  other 
"  internal  or  external  enemy  "  of  our  Union, 
than  to  be  guided  by  the  last  words  of  Wash 
ington  ?  Woe !  Woe !  indeed,  awaits  our 
country  when  Americans  shall  have  become 


ty  was  cast  upon  me, — to  ensure  such  a  result,  so  perverted,  so  blind  to  their  duties  and  their 
I  would  sacrifice  ALL  that  I  possess. — I  would  interests  as  to  be  led  by  such  men  as  these, 
trust  an  infant-orphaned  family  to  the  pro-  j  however  '•  covertly  and  insidiously  "  they 
tection  of  Divine  Providence,  and  relying  in  j  may  approach  "  the  palladium  of  our  political 
His  goodness,  now  in  the  decline  of  life,  go  !  safety  and  prosperity." 


forth  homeless  and  penniless  into  a  world 
which  nearly  sixty  years  experience  has  taught 
me  to  know  full  well.  All  this  I  feel  that  I  could 


And  yet,  are  we  not  threatened  with  this  dis 
graceful  fate?  For  one,  I  believe  that  nothing 
will  preserve  us  from  falling  a  prey  to  the  snares 


do.     But  yet  to  accomplish  such  a  result  I  i  that  are  spread  in  our  midst  by  the  emissaries 


would  not  consent   to  sacrifice  the  union  of .  of  foreign  potentates,  but  the   formation  of  a 
these  states.     At  this  price  even  the  boon  of    great  NATIONAL   American  party. — Its  motto 
negro  freedom  would  be  purchased  at  too  dear 
a  rate.     Faulty  and  imperfect  as  our  national 


institutions  may  be,  let  them  be  overwhelmed 
or  destroyed,  and  the  cause  of  Universal  Free 
dom  will  be  thrown  back  for  centuries  of 
years. 


should  be  "  Our  Union  must  be  preserved" 
"  Americans  must  rule  America."  It  should 
know  no  North, — no  South, — no  East, — no 
West, 

If  Americans  were  as  patriotic  now  as  they 
were  in  the  early  days  of  our  republic,  under 


The  bare  thought  of  a  dissolution  of  this  present  cicumstances  such  a  party  would  spring 
Union,  should  never  be  permitted  to  rest  in  spontaneously  into  existence.  They  would 
an  American  mind.  It  should  be  held  a  trea-  j  on*  and  all  arise  in  that  strength  whiji  conciovt 

virtue  gives,  and  instead  of  listening  to  the 
covert   and  insidious  "  appeals  of  traitors  who 


sonable  act  to  give  it  place  there.     Its  mo 
mentary  presence  will  work  pollution.      In 

the  language  of  the  immortal  Washington,  in  i  are  using  the  question  of  slavery  as  an  engine 
that  memorable  and  touching  farewell  address  j  to  work  our  destruction,  they  would  "inclig- 
to  his  countrymen,  already  alluded  to, —  "As  j  nantly  frown  upon  the  first  dawning  of  anyat- 
thisis  the  point  of  our  political  fortress,  against  i  tempt  to  alieniate  any  portion  of  our  country 
which  the  batteries  of  internal  and  external  j  or  to  enfeeble  the  SACRED  ties  which  now  link 
enemies  will  be  most  constantly  and  actively,  j  together  the  various  parts,"  under  any  pretence 
though  often  covertly  and  insidiously  directed,  :  whatever. 


It  is  of  infinite  moment  that  every   American 
should  properly  estimate  the  immense  value 


And  in  spite  of  what  Anti-Slavery  or  Pro 
Slavery  demagogues — traitors  or  fanatics  may 


:of  the  National  Union,  to  our  collective  and  j  say,  such  a  party  may  be  formed  without  the 
individual  happiness  :  —  he  should  cherish  a  j  surrender  of  a  single'principle,  whether  moral, 
cordial,  habitual,  and  immoveable  attachment  I  religious,  civil  or  political.  I  hesitate  not  to 
to  it ;  he  should  accustom  himself  to  think  I  say  that  a  calm  and  dispassionate  examination 
and  to  speak  of  it  as  a  palladium  of  our  polit-  i  of  the  whole  subject  of  negro  slavery  as  it  ex- 
ical  safety  and  prosperity ;  he  should  watch  I  ists  in  these  United  States  will  convince  any 
for  its  preservation  with  jealous  anxiety  ;  he  j  honest,  truth-seeking  American  citizen  of  the 
should  discountenance  whatever  may  suggest  j  truth  of  this.  Startling  as  the  assertion  may 
even  a  suspicion  that  it  can  in  any  event  be  }  seem,  such  will  find  that  from  the  very  corn- 
abandoned,  and  indignantly  frown  upon  the  j  mencement  of  the  agitation  of  the  question  in 
first  dawning  of  every  attempt  to  alieniate  any  j  congress,  the  course  pursued  by  the  North 
portion  of  his  country  from  the  rest,  or  to  en-  ;  in  relation  to  domestic  slavery  has  been  almost 
feeble  the  sacred  ties  that  now  link  together  wholly  wrong. 


the  various  parts." 

Who  that  reflects  on  the  present  distracted 


I  say  that  our  union  may  be  preserved  by 
the  formation  of  such  a  party  as  I  have  named 


condition  of  our  country  can  doubt  that  Wash-  j  without  the  surrender  of  any  principle,  either 
ington  was  in  a  degree  inspired  when  he  thus  j  moral  —  religious  —  civil  or  political.  Negro 
poured  out  as  it  were  all  the  affections  and  |  slavery,  the  rock  on  which  our  union  is  to 


solicitude  of  his  heart  and  soul  in  this  memora 
ble  last  warning  to  his  countrymen.     How  ten- 


split — is  not  the  only  evil  in  the  world,  for  w 
read  that  "  the  whole  world  Iveth  in  wicked- 


derly,  how  earnestly  does  he  beseech  them  to    ness ;"  but  yet,  the  better  portion  of  mankind 

are  not  required  by  any  law  either  human  or 


guard  the  privileges  he  had  sacrificed  the  best 
portion  of  his  life  to  secure  to  them. 


And  j  divine  to  run  a  muck  for  its  extermination. 


will  Americans  turn  a  deaf  ear  to  such  an  ap_  The  Divine  founder  of  our  religion  inculcated 


no  such  doctrine  as  this.  He  distinctly  taught  its  sovereign  authority  on  original  powers  de- 
that  we  should  not  overcome  evil  with  violence  rived  from  the  people.  Whatever  these  might 
but  with  good.  be,  the  exigencies  of  the  times  did  not  admit 

The  moral  sense  of  the  North  it  is  true  is  of  congress  meddling  with  the  question 
often  shocked  in  contemplating  instances  of  of  negro  slavery.  Its  members  had  enough  to 
cruelty  and  oppression  tint  originate  from  the  do  to  keep  from  being  reduced  to  slavery 
hateful  institution  of  negro  slavery. .  In  read-  ,  themselves. 

ing  BOtnc  of  tlies:-  as  dot  riled  by  Mi  ^s  Beecher  The  draft  of  a  new  form  of  government  en- 
in  the  Kev  to  her  work  entitled  Uncle  Tom's  titled  "Articles  of  Confederation  and  Perpetual 
log  Cabin,'  I  confess  that  occasionally  a  feeling  union  between  the  states,"  originating  in  Con- 
much  akin  to  "  letting  slip  the-  dog,^  of  war"  gross,  was  adopted  by  that  body  15th  of  Nov. 
arose  within  me;  but  upon  reflection  I  was  1777,  and  a  circular  letter  sent  to  the  several 
forced  to  confess  that  abuses  equally  great  oc-  stites  "  requesting  them  respectively  to  au- 
cur  among  us.  In  truth  I  would  t  ike  it  upon  thorize  their  delegates  in  congress  to  subscribe 
myself  to' collect  an  authentic  narrative  of  out-  !  to  the  same  in  behalf  of  the  States."  Jealous 
rages, — -wrongs  and  cruelties  equally  numer-  l  however  of  their  individu  il  rights,  the  states 
ous  and  atrocious  in  character  as  those  detail-  .  were  slow  to  act :  but  finally  ••  in  1778  it  was 
ed  by  Miss  Be?cher,  out  of  the  abuses  that  j  ratified  by  all  the  states  except  Delaware  and 
hive  occurred  within  the  h*t  thirty  years  in  j  Maryland  and  eventually  by  J  )elaware  in  177<J 
the  asylums  and  poor  houses  of  the  little  State  j  and  by  Maryland  the  1st  of  March,  1781,when 


of  Rhode  Island  alone. 

And  I  would  further  take  it  upon  myself  to 
exhibit,  a  code  of  laws  tint  was  instituted,  and 
until  htcly,  practised  upon,  for  the  govern- 


the  confederated  government  supcrcedcd  the 
revolutionary  government." 

Under  the  "  confederation  "  each  state  was 
to  "retain  every  power,  right  and  jurisdiction, 


ment  of  a  community  of  free  white  persons  in  ;  not  expressly  delegated  to  congrcs  V"    Most  of 
the  same  State,  tint  will  equal,  if  not  surpass  j  the  powers  (if  powers  they  may  be  called)  dele- 


in  enormity  any  code  that  was  ever  insti 
tuted  bv  a  Southern  State  for  the  govern 
ment  of  negro  slaves.  I  doubt  not  that  in  all 
the  Northern  St.ites  countlc  <s  abuses  of  the 
same  character  might  be  collected  by  any  per 
son  who  would  tike  the  trouble  to  look  for 
instances  of  wrongs  inflicted  on  the  poor  and 


gated  by  the  States  to  Congress  required  for 
their  exercise  the  assent  of  nine,  and  others 
that  of  the  whole  thirteen  states. 

The  Confederated  like  the  I  (evolutionary 
government,  grew  out  of  the  exigencies  of  tl it- 
times  and  was  only  adapted  to  them.  It  was 
rather  an  alliance  than  a  union  and  depended 


Ii3lpless  in  communities  nearer  home  than  j  almost  entirely  upon  the  spontaneous  patriot- 
Georgia  or  Louisiana.  1  ism  of  the  states  and  people  to  give  the  least 
Sound  morality  requires  tint  reformation  j  force  to  its  decrees.  Congress  (says  an  emi- 
Miould  b?gin  at  home,  and  true  religion  tea-  !  nent  writer  of  the  times,)  "  possessed  no  pow- 
ches  that  we  must  take  first  "  the  be.nn  out  of  j  er  to  levy  any  tax,  to  enforce  any  law,  to  se- 

mote  cure  any  right,  to  regubte  any  trade,  or  even 
I  the  poor  pcrogative  of  commanding  means  to 
pay  its  own  minister  at  a  foreign  court.  They 
could  contract,  debts,  but  they  were  without 
means  to  discharge  them.  They  could  pledge 
the  public  faith ;  but  they  were  incapable  of 
redeeming  it.  They  could  enter  into  treaties  : 


our  own  eye,  before  we  seek  to  cast  the 
out  of  our  brother's  eye." 

Before  and  after  our  Union  was  formed,  ne 
gro  shverv  was  not  limited  to  its  Southern 
ortion.     Most  of  the  Northern  States  were 
ikewise  cursed  with  the  institution,  and  some 


1 

of  them  (Rhode  Island  at  leist)  had  grown 
rich  by  importing  from  Africi  into  the  South 
ern  States  the  ancestors  of  the  present  race  of 
negro  slaves,  and  there  disposing  of  them  un 
der  the  protection  of  the  laws  of  the  mother 
country,  and  in  some  instances  in  defiance  of 
the  earnest  remonstrances  against  the  prac- 
tic?,  by  our  sister  colonies.  Great  Britain  at 
that  day  not  only  permitted  the  American  co 
lonists  to  keep  slaves,  but  compelled  them  to 
receive  them. 

This  was  the  state  of  tilings  when  on  Sept. 
4th,  1774,  the  Continental  Congress  first  as 
sembled,  under  what  was  called  the  revolution 
ary  government.  This  congress,  which  was 
convened  agreeably  to  a  recommendation  from 
Massachusetts — did  not  exercise  any  authority 
in  behalf  of  the  respective  colonies — but  restc'tf 


but  every  State  in  the  Union  might  disobey 
them  with  impunity.  They  could  contract  al 
liances  ;  but  could  not  command  men  and  mon 
ey  to  give  them  vigor.  In  short,  all  powers 
which  did  not  execute  themselves,  were  at  the 
mercy  of  the  States,  and  might  be  trampled 
upon  by  all  with  impunity." 

Another  leading  writer  says :  "  By  this  po 
litical  compact  the  United  States  in*  Congress 
have  exclusive  power  for  the  following  purpo 
ses,  without  bein^  able  to  execute  one  of 
them.  They  may  make  and  conclude  trea 
ties  ;  but  can  only  recommend  the  observance 
of  them.  They  may  appoint  ambassadors ; 
but  cannot  defray  even  tne  expenses  of  their 
tables.  They  may  borrow  money  in  then- 
own  name,  on  the  faith  of  the  Union ;  but 


6 


cannot  pay  a  dollar.  They  may  coin  money  ;  ! 
but  cannot  purchase  an  ounce  of  bullion. — 
They  may  make  war,  and  determine  what 
number  of  troops  are  necessary,  but  cannot 
raise  a  single  soldier.  In  short,  they  may  de 
clare  every  thing,  but  do  nothing." 

About  the  time  that  the  Confederated 
Government  went  into  operation,  Virginia  ] 
and  New- York  had  made  cessions  of  cer-  ! 
tain  territories  to  the  federal  government, — • ' 
and  at  later  periods,  Massachusetts,  South  ' 
Carolina,  Connecticut  and  Georgia  had  follow-  '. 
ed  their  example.  Among  the  powers  dele-  . 
gated  by  the  States  to  the  confederation  gov-  ; 
eminent,  ( "  this  shadow  without  the  sub-  \ 
stance,"  as  it  was  designated  by  Washington)  ; 
was  that  of  disposing  of  the  Western  Territo 
ry,  in  virtue  of  which  authority,  on  the  13th  j 
of  July,  1787,  Congress  passed  an  act  or  ordi-  ! 
nance,  (as  Congressional  acts  were  then  term-  : 
ed,)  "  for  the  government  of  the  territory  N.  ! 
West  of  the  Ohio.'' 

In  this  ordinance  is  contained  what  is  desig-  ; 
nated  "  articles  of  compact  between  the  origi 
nal  States,  and  the  people  and  States  in  the 
said  territory,"  and  it  is  enacted  that  these 
shall  "  forever  remain  unalterable,  unless  by  \ 
common  consent."      Whatever  right  a  Con-  ', 
gress  of  the  Confederation  might  have  had  to  ! 
conclude  a  compact  in  behalf  both  of  the  orig-  | 
inal  States  and  the  people  of  the  national  ter-  '' 
ritory,  it  seems  difficult  to  conceive  by  what  ( 
authority  it  could  compel  States  not  yet  in  ex-  j 
•istence  to  become,  or  be  made  parties  to  such  i 
a  compact. 

In  this  compact  it  is  agreed  by  Congress 
and  the  States  yet  lo  be  created,  (not  less  than  ; 
three  nor  more  than  five,)  that  "  there  shall  be 
neither  slavery  nor  involuntary  servitude  in  \ 
the  said  district,  otherwise  than  in  punish-  j 
ment  of  crimes  whereof  the  parties  shall  have  j 
been  duly  convicted."  It  is  also  agreed  be-  j 
tween  the  contracting  parties,  viz.  :  between  j 
the  old  thirteen  States  and  the  three  or  Jive  \ 
States  not  yet  in  existence,  that  "  whenever  | 
any  of  the  said  States  shall  have  sixty  thous-  ; 
and  free  inhabitants  therein,  such  State  shall  | 
be  admitted  by  its  delegates  into  the  Congress  I 
of  the  United  States,  on  an  equal  footing  with 
the  original  States  in  all  respects  whatever;  \ 
and  shall  be  at  liberty  to  form  a  permanent  , 
Constitution  and  State  Government :  Provid-  ' 
ed  the  Constitution  and  Government  so  to  be  ', 
formed,  shall  be  Republican,  and  in  conformi-  \ 
ty  to  the  principles  contained  in  these  arti-  j 
cles." 

It  seems  hard  to  expkin  the  seeming  con 
tradictions  and  incongruities  contained  in  this 
act  —  but  it  is  unnecessary  to  attempt  to  re 
concile  them,  as  the  authority  by  which  they  t 
were  created  ceased  to  exist  before  any  of  the  i 
new  States  that  were  said  to  have  entered  in-  | 
to  the  agreement  were  called  into  being. 


"A  list  of  cases  (says  a  nervous  writer,  quo1 
ted  by  Story,)  in  which  Congress  has  been 
forced  or  betrayed  by  the  defects  of  the  con 
federation,  into  violations  of  their  chartered 
authorities,  would  not  a  little  surprise  those 
Who  have  paid  no  attention  to  the  subject " 
Speaking  of  the  territories,  and  in  reference 
to  the  ordinance  of  '87,  the  same  writer  says, 
"  Congress  has  assumed  the  administration  of 
this  stock.  They  have  begun  to  render  it 
productive.  Congress  has  undertaken  to  do 
more  5  they  have  proceeded  to  form  new 
States,  to  erect  temporary  governments,  to 
appoint  officers  for  them,  and  to  prescribe  the 
conditions  on  which  new  States  shall  be  ad 
mitted  into  the  confederacy,  All  this  has 
been  done  without  the  least  color  of  constitu* 
tional  authority/' 

The  presence  of  a  common  danger  which 
had  hitherto  impelled  the  States  to  sustain  in 
a  degree  the  general  government,  being  remo* 
ved  by  a  treaty  of  peace  with  Great  Britain, 
the  confederation  began  to  crumble  like  a  rope 
of  sand,  or  rather  "  was  apparently  expiring 
from  mere  debility,"  when,  after  consultation 
with  other  States,  and  stimulated  perhaps  by 
an  alarming  insurrection  in  Massachusetts,  the 
delegation  in  Congress  from  New- York,  in  ac 
cordance  with  the  instructions  from  the  legis 
lature  of  that  State,  moved  a  resolution,  re 
commending  to  the  several  States  to  tike 
measures  to  revise  and  amend  the  Federal 
Constitution,  so  as  to  make  it  adequate  "  to 
the  exigencies  of  the  government  and  the  pro 
tection  of  the  Union."  This  resolution  was 
passed,  and  on  the  17th  of  September,  1787, 
delegates  from  twelve  States  assembled  in 
Convention  and  adopted  the  plan  of  our  pre 
sent  Constitution,  and  directed  it  to  be  com 
municated  to  Congress.  Congress  having  re 
ceived  the  report  of  the  Convention,  unani 
mously  resolved,  "that  the  said  report,  with 
the  resolution  and  letter  accompanying  the 
same,  be  transmitted  to  the  several  legisla 
tures,  in  order  to  be  submitted  to  a  conven 
tion  of  delegates  chosen  in  each  State  by  the 
people  thereof,  in  conformity  with  the  resolves 
of  the  convention,  made  and  provided  in  that 
case."  Conventions  were  accordingly  held  in 
the  twelve  States,  and  the  Constitution  being 
ratified  by  eleven  of  them,  and  Presidential 
Electors,  Senators  and  Keprcsentatives  having 
been  chosen  in  accordance  with  its  provisions, 
Congress  assembled  under  the  new  form  of 
government  on  the  4th  of  March,  1789.  A 
quorum  however  was  not  formed  until  the  6th 
of  April,  when  it  was  found  that  GEORGE 
WASHINGTON,  —  "first  in  war,  first  in  peace, 
and  first  in  the  hearts  of  his  countrymen," — • 
was  unanimously  elected  President  of  the  U- 
nited  States  of  America.  When,  oh  when, 
will  the  period  again  arrive  in  the  history  of 
our  country,  when  the  virtue*  of  one  man,  and 


the  wisclom  and  patriotism  of  a  whole  people, 
will  unite  in  producing  such  another  result  J 
In  November,   1789,  the  Constitution  was 


September,  1786,  by  five  other  States.  Shay*a 
rebellion  also  admonished  the  framers  of  the 
Constitution  that  there  were  dangers  as  well 


ratified  by  the  people  of  North  Carolina,   and  j  as  inconveniences  attending  the  absence  of  an 
in  May,  1790,  by  those  of  Rhode  Island, which    effective  Central  Government      Thus,   with 

°^—  Chatybdis  on  the  one  hand,  and  Scylla  on  the 
other,  the  fathers  of  the  Constitution  sought 
to  steer  a  middle  course,  and  thus  avoid  cast 
ing  the  Ship  of  State  on  either  danger.  But 
like  skilful  and  experienced  pilots,  the  more 
imminent  the  peril,  the  more  resolute  and 


completed  the  union  of  all  the  thirteen  States. 
Hitherto  the  shifting,  unstable  foundations 
of  the  general  government  of  the  Colonies 
^ind  States,  had  been  somewhat  after  the  Per 
sian's  idea  cf  the  foundations  of  the  world, 
which  they  used  to  allege  reposed  on  the  back 


of  a  great  elephant,  which  in  turn  stood  on  j  decided  were  they  in  their  course,  and  the 

the  back  of  a  huge  tortoise,  which  again  was  j  firmer  they  grasped  the  helm. 

sustained  on  the  back  of  chaos,  or  something  ' 

quite  as  indefinite*      Thus   the  confederacy 

rested  on  the  legislatures  of  the  colonies  or 

States  and  the  revolutionary  government,— - 

which    last  mentioned,   rested    mainly  upon 

troublous  times. 


Unlike'either  of  these  apologies  for  a  gov 
ernment,  the  Constitutional  government  rests 
on  the  suffrages  of  the  whole  people,  of  all 
the  States,  as  declared  in  their  primary  as 
semblies. 

Whatever  may  be  its  fate,  its  framers  cer 
tainly  did  not  intend  that  it  should,  like  its 
.predecessor,  "  expire  from  mere  debility*" 
The  powers  conferred  by  the  constitution  on  the 
Federal  government  are  few  indeed,  and  in 
tended  to  operate  in  general  rather  as  a  shield  \  the  people*  But  when  once  elected  to  that 
than  a  sivord,  but  then  they  are  absolute  as  j  high  station,  it  was  never  intended  that  he 
far  as  they  go.  They  are  carefully,  nicely  de-  should  be  kept  in  leading  strings  by  his  Elec- 
ifined,  but  then  ample  powers  are  conferred  to  tors,  or  be  held  in  any  degree  responsible  to 
carry  them  into  effect.  I  them  for  his  public  acts; 

No  one  can  study  that  remarkable  produc-  !  The  same  instrument  provides  that  Sena- 
tion  without  feeling  sensible  that  there  were  j  tors  shall  be  elected  by  the  legislatures  of  the 
""giants  in  those  days  .-"-—giants  in  intellect—  j  States  5  but  it  is  not  intended  by  the  spirit  of 
giants  in  political  experience  and  sagacity—  I  the  Constitution  that  the  authority  oi*  super- 

•    «4.«    r,«    Kli-.   ...*    A. rpl .  1 l»_ •    * _  /»    A!    _      l         •    i     A  T      11          -  ... ••  •       i      /»       •* 


The  Constitution  is  no  milk  and  water  con 
cern.  In  its  provisions,  feeble  and  vas- 
dilating  "  may,"  but  seldom  appears ;  whilst 
bold  and  imperative  "  shall,"  avows  its  deter 
mination  in  every  section,  almost  in  every 
sentence* 

The  Constitution  contains  ample  provision 
to  enforce  all  the  acts  that  can  be  enacted  in 
accordance  with  itself,—  so  long  as  the  mem 
bers  of  the  government  it  constitutes  remain 
true  to  their  oaths  of  office.  In  the  discharge 
of  their  official  duties  it  was  never  intended 
that  they  should  be  amenable  to  any  other 
tribunal  than  that  of  the  laws. 

The  Constitution  provides  that  the  Presi> 
dent  shall  be  voted  for  by  Electors  chosen  by 


.giants  in  public  virtue.  The  men  who  fram 
ed  the  Constitution  of  the  United  States  seem 
ed  to  be  well  aware  of  what  they  were  about* 
They  had  just  escaped  from  the  iron  rule  of  a 
powerful,  consolidated,  and  to  them  and  theirs, 
despotic  government.  They  did  not  mean  to 
place  the  liberties  of  the  people,  dr  the  re 
spective  sovereign  rights  of  the  States  in  jeo 
pardy  by  instituting  one  of  the  same  character 
on  their  own  soil*  On  the  other  hand,  the 


vision  of  the  legislature  shall  extend  farther 
than  the  performance  of  this  elective  duty, 
any  more  than  in  the  case  of  Electors  of  Pre 
sident. 

The  Constitution  also  provides  that  the 
members  of  the  lower  house  of  Congress  shall 
be  elected  by  "the  people  of  the  several 
States  ;  "  but  when  thus  elected,  these  are  no 
longer  amenable  to  the  people  of  the  respec1 
tive  States  for  their  acts,  but  to  the  people  of 


dear-bought  experience  of  those  great  men  of  1  the  United  States,  whose  servants  they  are. 
the  Revolution,  had  taught  them  that  there  |  The  two  houses  of  Congress  and  the  Presi- 
vvere  many  inconveniences  and  dangers  to  be  |  dent  constitute  in  fact  the  Federal  govern- 
apprehended  from  the  other  extreme.  In  the  i  ment.  In  these  reside  the  whole  legislative 
absence  of  a  Federal  government,  with  appro-  |  and  executive  power  of  the  United  States  of 
priate  powers  to  conduct  the  leading  national  |  America.  During  their  term  of  office,  every 


concerns,  common  alike  to  all  of  the  sovereign 
States  that  composed  the  confederated  Re 
public,  many  difficulties  and  dangers  were  ra 
pidly  accumulating.  Among  others,  the  ne 
cessity  of  some  general  law  in  relation  to  the 
levying  of  duties  on  imports  had  been  discuss 
ed  first  in  the  legislature  of  Virginia,  and  sub 
sequently  in  a  convention  held  at  Annapolis  in 


individual  that  compose  these  departments, 
from  the  moment  they  take  the  oath  to  sup* 
port  the  Constitution,  become  members  of  a 
government  of  limited  powers,  but  yet  as 
complete  in  itself,  and  as  independent  of  the 
respective  States  in  the  exercise  of  its  powers, 
as  is  the  Emperor  of  Russia.  These  are 
bound  by  their  oaths  of  office  to  discharge 


their  official  duties  solely  with  a  view  to  pro 
mote,   not  the   local   good  of  the  respective 
States,  but  the  "  general  welfare  of  the  Unit-  '• 
ed  States." 

The  Constitution  con  templates  that  a  Rep 
resentative  in  Congress  elected  by  the  people 
of  Massachusetts,   shall    consider  himself  no 
more   responsible  to  his  electors  than  he  is  to 
the   people   of  Mississippi.      In    fact   every  i 
member  of  Congress,  whether  Senator  or  Re-  '. 
presentative,  is  elected  by  the  whole  people 
of  the  United  States.      In  choosing  these,  the 
legislature  and  people  of  the  respective  States  ' 
exercise  a  power  not  their  own,  but  one  that 
is  delegated  to  them  by  the  whole  people  of 
the  United  States,  as  set  forth  in  the   form  ' 
prescribed  in  the  Constitution.      When  the  e- 
lectors  of  a  State  choose  a  representative  of  i 
their  own  local  legislature,  they   exercise   a 
right  belonging  to  the  people  of  the  States  ; 
respectively ;   but  should   they  at  the  same  : 
time   cast  their  votes  for  the  election  of  a 
member    of  Congress,   they  then  exercise  a 
right  belonging  to  the  people  of  the  United  ' 
States. 

As  used  in  the  Constitution,  the  term  "The 
United  States  of  •America  "  is  not  intended  to  ; 
be  understood  as  a  phrase,  but  as  one  word.  I 
It  is  not  used  to  convey  to  the  mind  the  idea  ! 
of  a  confederacy  of  States,  but  of  one  nation,  j 
It  is  simply  one  word  of  many  syllables. 

The . doctrine, of  "  instruction"  that  has  ob-  : 
tained  permanence  and  ascendancy  in  many  ' 
States  of  the  Union,  is  heretical  in  its   charac 
ter,  and  calculated  to  confound  and  mystify 
the  line  of  demarcation  that  divides  Federal 
and  State  Rights,  and  which  should  ever  be  ; 
kept  clear  and  well  defined,  for  the  safety  of  I 
both.     No  individual  or  party  influence,  "nor  ' 
seeming  case  of  expediency,  should  ever  tempt  : 
either  the  Federal  or  State  Governments  to 
trespass  over  this  line.     Like  wary  navigators  | 
in  charge  of  costly  freights,  both  had  better  j 
give  a  wider  berth  than  is  absolutely  requisite  | 
to  the  dangerous  reef,  than  risk  collission  by  j 
approaching  it  too  near. 

Whatever  powers  Congress  under  the  con-  ' 
federation  may  have  really  possessed  in  regard  ! 
to  legislating  for  the  territories  of  the  Union,  i 
it  is  certain  that  they  expired  when  that  form  j 
of  government  was  superseded  by  the  present  i 
Constitution.  The  latter  inherited  nothing  j 
from  its  defunct  predecessor.  Its  framers  i 
had  no  intention  that  it  should.  They  had  al-  j 
ready  experienced  enough  of  the  blessings  of  | 
hereditary  government,  and  hated  its  very  i 
name.  All  the  powers  possessed  by  Congress  j 
under  that  instrument,  in  relation  to  the  ter-  1 
ritories  or  any  other  matter,  as  before  said,  | 
are  distinctly  defined  within  itself.  Congress  j 
neither  possesses  nor  can  derive  power  from 
anv  other  source  than  that  conferred  on  it  bv 


the  Constitution.  Any  thing  contained  fii  the' 
ordinance  of  1787,  not  consistent  with  the 
provisions  of  the  Constitution,  became  null 
and  void  the  moment  the  new  government 
went  into  effect. 

Accordingly  we  find  Congress  as.  early  as 
August  7,  1789,  engaged  in  passing  an  ac'. 
entitled,  "An  act  to  provide  for  the  govern 
ment  of  the  territory  North  West  of  the'  ()- 
hio,"  the  first  clause  of  which  reads  thus  : 

"Whereas,  in  order  that  the  ordinance  of 
the  United  States  in  Congress  assembled,  for 
the  government  of  the  territory  North  West 
of  the  river  Ohio,  may  continue  to  have  full 
effect,  it  is  requisite  that  certain  provisions 
should  be  made,  so  as  to  adapt  the  same  to 
the  present  Constitution  of  the  United  States, 
Be  it  enacted,"  £e. 

Now  unless  the  stream  can  rise  higher  than 
its  source,  Congress  had  no  power  Fo  give  va 
lidity  to  any  of  the  enactments  of  this  ordi  - 
nance  of  '87,  that  it  had  not  constitutional 
powers  to  enact  itself.  The  confederated  form 
of  government  wras  established  by  the  legisla 
tures  of  the  individual  States,  Voting  in  Con 
gress  was  by  States,  not  by  individual  mem 
bers.  The  constitutional  form  of  government 
was  instituted  by  the  people  of  the  States.  It 
follows  that  if  the  Constitution  confers  no  po 
wer  on  its  Congress  to  prohibit  domestic  sla 
very  in  States  to  be  admitted  into  the  Union 
from  the  North  West  territory,  that  body 
could  have  had  no  rightful  authority  to  per 
petuate  or  give  validity  to  any  act  to  the  same 
effect,  that  may  have  been  passed  under  the 
confederation,  even  supposing  that  its  Con 
gress  possessed  competent  powers  to  pass 
such  an  act.  This  makes  a  clean  sweep  of  all 
the  prospective  congressional  legislation  tliat 
took  place  on  the  subject  of  negro  slavery  in 
the  North  West  territory,  at  least  so  far  as  it 
is  not  in  accordance  with  our  present  Consti 
tution.  All  the  sovereign  rights  that  the 
States  of  this  Union  ever  have  possessed,  are 
not  and  cannot  be  in  the  least  impaired  or  di 
minished  (without  an  amendment  cf  the  Con 
stitution,)  excepting  so  far  as  thejy'  have  sur 
rendered  a  portion  of  these  to  the  Federal  go 
vernment  for  the  "  general  welfare  "  of  all  the 
States — all  the  rights  or  powers  thus  conferr 
ed,  being  explicitly  defined  and  determined  in 
the  articles  of  the  Constitution. 

That  the  right  to  r  tain  or  abolish  the  insti 
tution  of  slavery  rem  ined  solely  with  the  old 
thirteen  States  respectively  at  the  period 
when  the  Constitution  was  formed,  no  one 
will  question. 

As  before  said,  many  of  the  Northern  States 
were  slave-holding  States  at  the  period  of  the 
adoption  of  theConstitution.  Most  or  all  of  them 
soon  abolished  theinstitution  :  whether  from 
principle  or  expediency  it  is  unnecessary  to 


examine,  as  it  will  not  be  denied  that  all  or  | 
any  of  these  have  the  constitutional  power  to  | 
establish  the  same  within  their  own  borders  | 
at  any  time  without  hindrance   or   restraint  j 
from   the   federal  government.      No   act   of! 
Congress  could  prevent  this.      Congress  Iras 
no  constitutional  right  to  prevent  it.      Con 
gress  would  have  as  good  right  to   enact  that 
the  people  of  Rhode  Island  should  not  raise 
Indian  corn,  as  that  they  should  not  keep  ne 
gro  slaves.     What  Congress  has  no  right  to  \ 
dictate  to  Rhode  Island,  it  has  no  right  to  dic 
tate  to  any  other  State  of  this  Union. 

There  are  other  public  evils  of  even  greater 
magnitude  than  negro  slavery,  that  no  branch 
of  the  Federal  government  has  any  right  to  i 
interpose  its  authority  to  prevent,  in  the  wea 
kest  State  or  territory  of  this  Union.  Among 
these  are  :  religious  liberty,  freedom  of  speech 
and  of  the  press. 

In  spite  of  Congress,  the  people  of  the 
State  of  Massachusetts  may  go  back  if  they  , 
please  to  the  days  when  their  Endieotts,'and 
Winthrops,  administered  colonial  laws  for 
drowning  witches  and  hanging  Quakers  ; — • 
whilst  those  of  Maryland,  might  with  equal 
impunity  re-enact  the  boasted  code,  given  to 
them  by  that  great  apostle  of  religious  liberty, 
Lord  Baltimore,  by  which  Universalists  and 
Unitarians  were  to  be  punished  with  death. — 
Now,  whilst  but  a  bare  majority  of  the  States 
of  the  Union  have  abolished  by  law  the  insti 
tution  of  Negro  Slavery,  all  but  one  have  in 
serted  provisions  in  their  Constitutions,  as 
serting,  and  establishing  the  inalienable  rights 
of  conscience,  and  perfect  religious  freedom. 
But  notwithstanding  the  almost  entire  unani 
mity  accorded  by  the  respective  States  on  this 
momentous  question,  the  legislature  of  Louis 
iana  may  proceed  at  any  time  to  enact  laws 
for  the  imprisonment  of  Bible  readers,  as  is 
now  done  in  Italy,  or  to  torture  and  burn  the 
same  class  of  heretics,  as  was  formerly  done 
in  every  Catholic  country  where  the  successor 
of  the  fisherman  held  sway.  Startling  as  it 
may  seem  to  some,  Congress,  nor  any  branch 
of  the  Federal  government,  has  any  authority 
to  interfere  with  this  sovereign  right  of  a  State 
of  this  Union,  as  the  Pope's  emissaries  were 
no  doubt  well  aware  of,  through  whose  influ 
ence,  religious  liberty  was  left  an  open  ques 
tion  in  the  Constitution  of  Louisiana,  to  be 
more  accurately  defined  when  Popery  became 
more  positively  dominant  within  the  borders 
of  that  State,  than  it  was  when  that  instru 
ment  was  ratified. 

Over  the  District  of  Columbia,  and  "all 
places  purchased  by  the  consent  of  the  legis 
latures  of  the  States,  in  which  the  same  shall 
be,  for  the  erection  of  forts,  magazines,  arse 
nals,  dock-yards,  and  other  needful  build- 


gieas  "to  exercise  legislation  in  all  case5* 
whatsoever,"  with  the  exception  that  "  Con" 
gress  shall  make  no  law  respecting  an  cstalf 
lishmcnt  of  religion,  or  prohibiting  the  free 
exercise  thereof ;  or  abridging  the  freedom  of 
speech,  or  of  the  press ;  or  the  right  of  the 
people  peaceably  to  assemble  and  to  petition 
the  government  for  a  redress  of  grievances." 
That  through  executive  usurpation  and  despot 
ism,  the  freedom  of  speech,  and  of  the  press, 
is  not  only  abridged,  but  almost  annihilated, 
in  many  of  these  "places,"  is  notorious;  but 
Congress  has  no  powers  to  legislate  at  all  on 
these  questions,  for  any  State,  district,  terri 
tory,  or  place,  in  this  Union,  under  any  cir 
cumstances  whatever. 

But  in  the  District  of  Columbia,  and  in  all 
those  "  places  ''  ceded  to  the  General  govern 
ment,  Congress  may  either  establish,  or  abol 
ish,  the  institution  of  negro  slavery,  as  cir 
cumstances  and  expediency  may  dictate. — 
Congress  may,  if  it  pleases,  within  the  letter  of 
the  Constitution,  enact  that  none  but  negro 
slaves  shall  be  employed  on  the  public  works 
in  Chaiiestown,  in  Massachusetts ;  and  Con 
gress  may  on  the  other  hand  forbid  the  em 
ployment  of  Slave  labor  on  those  at  Charles 
ton,  in  South  Carolina.  All  this  Congress 
I  may  do  should  it  see  fit  to  outrage  public  o- 
pinion,  by  adhering  to  the  Idler  of  the  Con 
stitution,  irrespective  of  its  spirit. 

Over  the  District  of  Columbia,   and    "  all 
places  "  purchased  by  the  General   govern- 
1  mcnt,  for  the  public  purposes  designated  in 
i  the  Constitution,  that  instrument  constitutes 
Congress  the  sole  law-making  power.     Over 
all  these  Congress  "  exercises  exclusive  legis 
lation,  in  all  cases  whatsoever." 

Now  mark  the  difference  between  the  lan 
guage  here  used,  and  that  employed  by  the 
same  men,  when  they  came  to  define  the  pow 
ers  it  is  meant  to  confer  on  Congress,  in  rela- 
j  tion  to  the  territory  belonging  to  the  United 
States,  but  not  appropriated  to  national  pur- 
|  poses. 

"  The  Congress  shall  have  power  to  dispose 
of  and  make  all  needful  rules  and  regulations 
i  respecting  the  territory  or  other  property  be- 
I  longing  to  the  United  States ;  and  nothing  in 
;  this  Constitution  shall  be  so  construed  as  to 
'  prejudice  any  claims  of  the  United  States,  or 
I  of  any  particular  State." 

But  the  manifest  difference  of  the  wording 

!  here  used,  in  contradistinction  to  that  adopted 

in  the  first  mentioned  clause  of  the  Constitu 


tion,  is  not  greater  than  is  the  nature  of  the 
powers  intended  to  be  conferred.  The  one 
clause  of  the  Constitution  relates  solely  to  ju 
risdiction,  the  other  solely  to  property.  In 
one  instance.  Congress  is  empowered  to  gov- 
esn  people,  in  the  other  Congress  is  merely 
ings,"  the  Constitution  clearly  empowers  Con-  authorized  to  hold  and  to  sell,  or  "  dispose »» 


10 


t>f  ptopefly.     In  the  one  instance,  Congress  I  provision  is  made  in  the  Constitution,  for  the 

i  s  "  to  exercise  exclusive  legislation  in  all  ca-  j  exercise  of  any  civil  authority  in  the  territories, 

ses  whitsover"   over   certain   "  districts  and  ,  —it  does  not  follow  that  necessity   "the  plea 

places";  in  the  other.  Congress  is  tn  maL-o  i  nfri\r^n^0  "  ;,,c-t,'fi«0  «««  o,,«v.  „*.« 
all  "  needful  rules  and  regulations  " 


to  make  |  of  Tyrants,"  justifies  any  such  assumption  by 
necessary  j  either  branch  of  the  Federal  government, — for 


to  enable  it  to  dispose  of  the  "  territory  of  '  the  Constitution  expressly  declares,  that 

property    belonging     to    the     United  j      « The  enumeration  in  the  Constitution,  of 


other   M    A     „ 
States." 

This  clause  of  the  Constitution  does  not, 
nor  was  it  ever  meant,  to  constitute  Congress 
the  legislature  of  the  territories  alluded  to  5 
neither  does  it  confer  on  that  body  any  power 
to  make  any  laW>  rule,  or  regulation,  that  is 
not  " needful"  to  enable  it  to  protect,  and 
dispose,  of  the  public  property. 

If  the  ffamers  of  this  clause  of  the  Consti 
tution  had  not  been  treating  "territory" 
solely  as  "  property/'  the  word  "  other  " 


certain  righ's,  shall  not  be  construed  to  deny 
or  disparage  others  retained  by  the  people" 
And  again— '"The  powers  n^t  delegated  to 
the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the"  States,  are  reserved  to 
the  States  respectively  or  to  the  people*" 

There  is  no  distinction  here  made  between 
the  people  of  the  territories,  and  those  of  the 
States  ;  they  arc  in  both  cases,  alike  left  to  in 
stitute  their  own  governments,  and  to  execute 
their  own  laws  $  with  the  exception  that  the 


as    "  property, 

Would  not  have  been  uced  to  connect  the  two  i  Judicial  authorities  of  the  Federal  government 
nouns.  The  use  of  that  adjective,  proves  Ms  not  recognised  in  the  Constitution  as  claim- 
'conclusively  that  the  character  of  the  two  ar-  jijing  jurisdiction  over  the  people  of  the  territo- 
tides  is  the  same.  Otherwise,  the  expression  ries  in  any  event,  whatever* 
would  be  as  absurd  as  if  it  had  been  said,-^  j  It  would  seem  that  the  people  of  the  terri* 
Congress  shall  have  power  to  regulate  terri*  |  tories,  equally  with  those  of  the  States,  are 
lories  or  other  CATTLE  5  or  that  Congress  shall  j  presumed  by  the  Constitution  to  be  endowed 
have  power  to  regulate  property  or  other  ter-  j  by  their  Creator  (as  the  signers  of  'TGsuppos* 
vitory.  eel  our  forefathers  to  be)  with  certain  "inalien* 

Whilst  the  Constitution  clearly  and  empha-  able  rights,"  which  neither  the  States,  nor  the 
tically  provides  for  the  government  of  the  j  United  States,  has  any  just  authority  to  de* 
district  and  "  places  "  set  apart  for  the  i  prive  them  of;  among  which  is  the  right  to  in- 
liscs  of  the  Federal  government,  it  would  seem  stitute  their  own  government,  "  in  such  form, 
that  either  designedly,  or  through  inadvert-  as  to  them  shall  seem  most  likely  to  effect 
ance,  no  provision  is  made  in  that  instrument  |  their  safety  and  happiness." 
for  the  exercise  of  either  legislative  or  judicial  j  Whilst  a  territory  is  the  property  of  the 
authority  over  the  people  inhabiting  the  "  ter-  \  United  States,  Congress  has  the  Constitutional 
fttories  "of  the  United  States"  Neither  is  j  right,  no  doubt,  to  defend  it  from  invasion,  or 
there  any  authority  conferred  on  the  Presi-  \  depredation,  if  needs  be,  by  employing  the  mi-* 
dent,  or  Senate,  to  appoint  a  Governor,  or  ci-  ,  litary  and  naval  force  of  the  whole  nation;  but 
ther  officer,  over  the  same,  unless  it  can  be  when  Congress  has  transferred  the  fee  of  the 
shown  that  the  appointment  of  such  an  officer  j  same,  to  other  parties,  it  has  no  farther  juris" 
is  "  needful "  for  the  protection  of  the  public  i  diction  over  it  or  its  occupants.  These  purcha- 
property,  and  the  enforcing  of  such  "  needful  j  sers  of  the  territory  have  then  a  right  to  insti 
tute  such  a  form  of  government  as  they  sup 
pose  will  best  promote  "their  safety  and  happi 
ness  ;  "  and  it  is  only  in  the  event  that  these 
do  apply  and  are  admitted  into  this  Union  as  a 
State,  that  the  Constitution  confers  on  the  Ge* 
neral  government  any  right  to  interfere  or  ex 
ercise  any  control  over  their  concerns. 

either  by  letter,  spirit,  or  implication,  can  be  j      It  is  true,  that  it  becomes  the  duty  of  the 
adduced  from  the   Constitution,  for  the  ap-  j  Federal   government,  to  restrain  and  prevent 

any  invasion  of  such  a  territory,  similar  to  that 
now  attempted  by  citizens  of  Missouri  in  Kan* 
sas,  the  same  as  it  is  the  duty  of  the  government 
j  to  restrain  the  bands  of  desperadoes  that  are 
occasionally  organizing  in  this  country,  for  the 


rules  and  regulations,"  as  Congress  may  make 
for  the  disposal  of  the  same.  As  chief  execu 
live  officer  and  commander'in-chief,  of  the 
milirary  and  naval  forces  of  the  United  States, 
the  President  miy,  in  either  emergency,  con- 
stitutionally  subject  a  "territory  of  the  Unit 
ed  States  "  to  martial  law,  but  no  authority, 

i  be 
ap 
pointment  of  a  permanent  governor  over  the 
the  people  of  the  same,  either  by  the  Presi 
dent  or  cither  house  of  Congress. 

It  is  true  that  the  Constitution  does  not  pro 
hibit  the  President,  with  the  advice  of  the  Sen 


ate,  from  appointing  a  governor  over  the  peo-  i  purpose  of  invading  aud  making  war  on  the 
pie   of  a  territory  of  the  United   States }  t\  or  j  government  of  Cuba,— of  Nicaragua,  or  that  of 


doesi 

over  the  people  or  a  state ;  out  neitner  is  any 
such  power  oonferred  on  the  President,  in  the 
one  case  more  than  in  the  other.  Because  no 


it  prohibit  him  from  appointing  a  governor 
the  people  of  a  State ;  but  neither  is  any 


any  other  foreign  country. 

But  admitting  that  the  Ordinance  and  com 
pact  of  1787,  as  passed  by  the  Congress  of 
the  Confederated  and  ratified  by  that  of  the 


11 


Constitutional  government  does  possess  the 
binding  force  of  Constitutional  law  on  all  the 
parties  declared  by  the  act  of  Congress  to  be 
concerned,  viz:  the  States  respectively  forming 
the  Union>— ~the  people  of  the  North  Western 
territories,— and  the  new  States  not  yet,  but  to 
be  established  in  them  ;  the  provisions  of  that 
Ordinance  do  not  apply  to  the  territories  since 
acquired  by  the  United  States !  There  is  noth 
ing  in  the  Constitution  that  authorizes  the  ac 
quisition  of  new  territory,  by  the  General  gov 
ernment  !  "  New  States  may  be  admitted  by 
the  Congress,"  but  no  where  do  we  find,  that, 
New  Territory  "  may  be  admitted  or  acquir 
ed.  It  does  not  seem  that  the  framers  of  the 
Constitution,  ever  contemplated  or  provided 
for  such  an  event.  At  the  period  the  Consti 
tution  was  made,  and  finally  ratified  and  adopt 
ed,  after  the  most  stormy  opposition  and  ran 
corous  debates,  both  in  the  National  and  State 


these  to  be  alike  Constitutional.  It  Cannot  be 
shown  that  any  such  "rule  or  regulation' 
would  be  "  needful." 

It  is  true  the  sovereign  State  of  Massachu 
setts,  might  assert  on  the  floor  of  Congress 
that  it  is  "  needful "  that  the  Georgia  planter 
should  not  introduce  his  slave  s  into  any  terri 
tory  belonging  to  the  United  States  north  of 
36  deg.  30  min. 

The  sovereign  state  of  Georgia  might  also 
assert  with  equal  Constitutional  propriety  that 
it  is  "  needful "  that  the  Massachusetts  far 
mer  should  not  introduce  the  raising  of  Indian 
corn  into  the  territory  south  of  the  same  line, 

It  might  be  argued  pro  and  con  with  equal 
propriety,  that  the  introduction  of  the  one 
would  tend  to  promote  the  ascendancy  of  what 
are  called  southern  institutions,  in  the  territo 
ry,  and  that  those  peculiar  to  the  North, 
would  be  fostered  by  the  introduction  of  the 


conventions,  the  leading  minds  of  the  country  j  other. 

were  exceedingly  fearful  that  the  formation  of  |      Abhorrent  as  the  sentiment  appears  to  the 


a  National  government  for  the  States  then  ex 
isting  would  not  be  accomplished— and  the 
framers  of  the  Constitution  in  the  then  ex 
hausted  and  feeble  condition  of  the  country, 
seemed  to  have  little  thought  of  adding  to  the 
public  domain  by  purchase  —  much  less  by 
conquest. 

But  giving  to  this  clause  of  the  Constitution 
even  the   most  latitudinarian  sense    contend 


northern  mind,  as  before  stated,  the  Constitu 
tion  of  the  United  States  regards  both  these 
questions  as  standing  on  the  same  foundation. 
No  right  to  interfere  in  relation  to  cither  has 
been  conferred  on  the  General  government. 

If  the  territory  of  Kansas  or  any  one  of  those 
lying  farther  North  &  West  in  which  the  prin« 
i     ciple  of  the  Missouri  compromise  is  still  in  force 
-  !  were  to  apply  for  admission  into  the  Union  to 


ed  for  by  any,  and  then  the  true  moaning  of  I  morrow,  Congress  has  only  the  same  right  to 


the  word  "  needful "  limits  the  power  of  Con 
gress  not  only  in  making  rules  and  regulations, 
but  in  enacting  laws  for  the  territories.  If 
the  term  be  viewed  abstractedly,  to  be  defined 
by  the  arbitrary  will  of  Congress,  an  interpre 
tation  may  be  given  it,  that  will  suppose  all 
laws  relating  to  the  territories  "  needful "  'that 
the  majority  of  Congress  may  deem  expedient. 
If  northern  influences  should,  predominate  in 
that  body,  at  one  period,  it  might  be  deemed 
expedient  and  needful  to  make  a  "  rule,  or 
regulation,"  (for  these  are  not  dignified  in  the 
Constitution  by  the  name  of  laws,)  forbiddin 


compel  the  citizens  of  the  new  State  to  agree 
not  to  keep  negto  slaves,  that  it  has  to  com 
pel  them  not  to  raise  Indian  corn.  If  it  has 
then  we  h  .ve  practically  two  National  Consti 
tutions,  the  one  applying  to  the  old,  and  the 
other  to  the  new  States  of  the  Uuion.  This 
no  one  will  admit.  Every  State  of  this  Union 
is  equally  sovereign,  and  bear  the  precise  re 
lation  to  the  general  Government,  and  to  each 
other  respectively,  whether  they  came  into  the 
Union  in  1787,  or  in  the  year  18oo. 

J3ut  supposing  that  Congress  really  has  the 
right,  and  should  enact  that  the  people  of  Kan- 


v\su9Ui/u  MASH   L; y    unt;  110.111  u  ui  t/itu/ayi    iui  uivtvuiuf      tueiiv]  tuiw.  BAIUUJAI  citovb  HAUL  LIIU  iJULMJit;  Ui  J.Vtlii 

the   institution   of  slavery  in  the  territories,  I  sas,  or  of  any  other  territory  applying  for  ad 
whilst  at  another  period,  through  a  predomi-  |  mission,  should  not  permit  the  institution  of 
nance  of  southern  influences  in  Congress,   it    slavery  in  the  new  State ;  whr 


might  be  voted  that  it  was  expedient  and  need 
ful  thit  the  people  of  the  territories  should  be 
compelled  by  the  General  government  to  a- 
dopt  the  institution  of  negro  slavery, 

But  if  the  word  "  ncectful "  be  interpreted 
in  unison  with  the  spirit  of  the  Constitution 
and  with  the  spirit  of  the  State  institutions, 
the  Constitution  is  intended  to  shield  and  pro*- 
tect,  then  Congress  should  not  make  any  "  rule 
or  regulation  "  in  any  territory  of  the  United 
States,  with  intent  to  promote  the  introduction 
of  any  peculiar  state  or  sectional  institution,  or 
the  hindrance  or  exclusion  of  those  of  any  oth 
er  State,  or  section  of  the  Union,  presuming 


hat  an  anamolous 

species  of  legislation  it  would  be  !— For  argu 
ment's  sake  we  may  grant  that  during  the  dis 
cussion  of  the  bill  whilst  the  territory  is  in  a 
transition  state  (as  it  were)  Congress  may  have 
the  Constitutional  right  to  dictate  as  a  needful 
regulation  that  slavery  shall  not  be  permitted 
to  exist  within  its  borders,  But  when  the  law 
is  enacted,  when  the  territory  has  passed  by 
act  of  Congress  into  a  sovereign  state,  by  what 
authority  can  it  enforce  the  fulfilment  of 
any  such  rule  ?  The  moment  the  President's 
signature  is  attached  to  the  act,  the  territory 
springs  at  once  into  a  sovereign  State,  inves 
ted  with  all  the  rights  and  powers  of  the  old 


12 


thirteen,  and  as  independent  of  Congress  and  ; 
the    Federal   government,    in   regard  to  the  . 
question  of  negro  slavery,  as  is  the  kingdom 
of  Great  Britain.     What  an  anamolous  species  , 
of  legislation  !    what  children's  play,  for  Con-  : 
gress  thus  to  enact  a  law,  which  neither  it,  or  ' 
any  branch  of  the  Federal  government  Iris 
any  right,  or  authority,  to  enforce. 

I  repeat  that  if  Congress  has  the  constitu 
tional  right  to  dictate  to  a  new  State  one  . 
clause  of  its  Constitution,  it  has  as  good  right  ; 
to  dictate  two,  Jive,  ten,  or  the  whole.  It  ' 
would  thus  have  the  power  of  controlling 
through  their  respective  fundamental  codes, 
the  domestic  concerns  of  every  ne\v  State  ad 
mitted  into  the  Union.  Starting  at  the  point 
of  time  when  the  constitutional  government 
commenced,  Congress  would  thus  have  been 
clothed  with  competent  powers  by  that  instru 
ment  to  consolidate  (practically)  under  one 
central  government,  every  foot  of  this  Union, 
with  the  exception  of  the  old  thirteen  States. 
With  this  right  conceded,  all  else  required  of 
the  Federal  government  by  the  Constitution, 
is,  that  the  outside  form  of  the  State  govern 
ments  shall  be  republican  ;  nothing  more: — 
substantially  they  would  be  mere  provinces, 
or  departments,'  of  a  consolidated  republic, 
the  sovereign  powers  of  which  would  be  con 
centrated  in  Washington.  How  preposter 
ous  to  suppose  that  such  was  the  intention  of 
the  far-seeing  men  who  framed  the  Constitu 
tion — meii  who  for  seven  long  weary  years  had 
been  expending  their  treasure  and  their  blood 
to  free  their  country  from  despotic  rule,  and 
rid  it  of  a  list  of  crying  grievances,  the  very 
first  of  which,  as  enumerated  in  the  declara 
tion,  they  had  pledged  "  their  lives,  their  for 
tunes  and  their  sacred  honors,"  to  maintain, 
they  were  now  about  conferring  the  power  on 
the'Federal  government  to  infiict  anew. 

If  this  was  their  intention,  what  a  sudden 
change  must  have  come  over  their  spirits  and 
the  spirits  of  the  people  who  ratified  their  do 
ings.  Hitherto  so  jealous  had  been  the  same 
people  of  consolidated  power,  so  tenacious  had 
they  been  of  the  individual  rights  of  the  colonies 
and  the  States,  that  both  the  "  Revolutionary 
government  originating  from  the  one,  and  the 
Confederation  instituted  by  the  other,  possess 
ed  scarcely  a  semblance  of  sovereign  power,  but 
depended"  almost  wholly  on  the  voluntary  ac 
cord  and  action  of  the  people  and  States,  to 
give  their  decrees  or  rather  declarations,  the 
least  practical  force.  And  now  if  the  case  sup 
posed  is  true,  we  behold  these  same  men  pla 
cing  a  power  in  the  hands  of  Congress  that 
would  enable  them  to  compel  every  new  State 
admitted  into  the  Union  to  become  a  vassal 
of  the  General  government. 

And  how  is  it  alleged  that  this  enormous 
power  is  conferred  on  Congress  ?  "New  States 


miy  be  admitted  by  the  Congress  into  this 
Union."  This  little  sentence  contains  it  all. 
That's  the  Trojan  horse  from  the  entrails 
of  which  this  power  has  emanated.  Congress 
may  admit  new  States: — and  what  is  a  State  ? 
a  State  in  the  sense  the  term  was  meant  by 
the  framers  of  the  Constitution  to  imply.  Cer 
tainly  not  a  State  organized  after  the  fashion 
of  an  Italian,  a  German,  or  any  other  foreign 
State  ?  but  an  American  State  !  Precisely 
such  a  thing  as  one  of  the  old  thirteen :  nei 
ther  more,  nor  less  !  Clothed  with  every  sov 
ereign  power  that  each  and  all  individually 
possess,  in  every  respect,  and  bearing  in  every 
respect  the  same  relation  to  the  Federal  gov 
ernment. 

This  was  such  a  State  as  the  framers  of  the 
Constitution  meant  to  create.  Congress  has 
no  right  to  admit  and  other.  No  other  could 
in  reality  become  a  member  of  this  Union. — 
If  deprived  of  the  least  sovereign  right  possess 
ed  by  its  sister  States,  it  could  not  come  in  as 
as  an  equal.  It  would  not  be  equal.  The 
attempt  of  Congress  to  dictate  a  Constitution 
or  any  clause  contained  in  it,  to  any  State  ap 
plying  for  admission  into  this  Union,  farther 
than  to  make  it  compatible  with  the  provis 
ions  of  the  Constitution  of  the  United  States, 
is  an  act  of  sheer  usurpation,  and  should  be 
so  regarded  by  every  American  patriot. 

Every  new  State  that  is  admitted  into  this 
,  Union,  is  obligated  by  the  simple  act  of  admis 
sion  to  conform    in    (.very   respect  to  the  re- 
;  quirements  of  the  Constitution  of  the  United 
|  States.     To  be  convinced  of  the  truth   of  this 
;  we  need  only  to  turn  to  an  act  of  Congress  and 
observe   the  form  of  such  admission.     Take 
that  for  instance  by  which  Vermont  became  a 
State  of  this  Union,  approved  February  18th. 
1791. 

"./In  act  for  the  admission  of  the  State  of 
Vermont  into  this  Union — 

The    State    of  Vermont  having  petitioned 
Congress   to   be  admitted  a  member  of  the 
United  States,  Be  it  enacted  by  the  Senate  and 
House  of  Representatives  of  the  United  Stales 
of  America  in  Congress  assembled,  and  it  is 
;  hereby  enacted  and  declared,  that  on  the  fourth 
day  of  March,  One  Thousand  Seven  Hundred 
Ninety  One,  the  said  State,  by  the  name   and 
I  style  of 'The  State  of  Vermont'  shall  be  rc- 
i  ceived  and  admitted  into  this  Union,  as  a  new 
and  entire  member  of  the  United  States  of 
America." 

What  admirable  simplicity !     Here  we  be 
hold  a  new  State  admitted  to  take  her  place  in 
this  Union  "  as  a  new  and  entire  member"  by 
virtue  of  an  act  that  scarce  exceeds  in  length 
the  ticket  which  entitles  a  passenger  to  enter 
i  a  railroad  car.     But  the  act  was  lengthy  e- 
,nough  !     And  why  ?      Because  the    State   of 
j  Vermont    did  not  look  to  Congress  to  learn 


what  were  either  her  obligations  or  her  rights 
as  a  member  of  the  Union,  but  to  the  Consti 
tution  of  the  United  States  of  America. 

The  Constitution  imposes  negative  as  well 
as  positive  duties  on  Congress,  and  if  a  new 
State  applying  for  admission  into  the  Union, 
should  even  offer    to    surrender  any  of  the  | 
sovereign  powers  retained  by  the  old  Thir 
teen,  Congress  would  have  no  more  right  to  j 
accept  of  such  a  surrender  than  it  would   to 
compel  it.      The  one  would  be  an  assumption 
of  power  scarcely  less  dangerous  to  the  rights  j 
and  liberties  of  the  people  and  the  States,  , 
than  the  other  :    for  frequently  what  unclis-  ; 
guiscd  force  cannot  compel,  intrigue  and  arti-  i 
fice  may  induce. 

Strictly  speaking  it  is  unnecessary  that  Con-  j 
gross  should  know  what  the  Constitution  of  any 
proposed  State  contains.  No  member  or  officer  j 
of  the  Federal  government  obligates  himself  | 
to  maintain  the  Constitution  of  any  particular 
State,  when  he  takes  his  oath  of  office  ;  whilst  ! 
every  member  of  the  respective   State  legisla 
tures,  and  all  State  executive  and  judicial  offi 
cers  are  obligated  by  their  oath  or  affirmation  I 
of  office  to  support  the  Constitution  of  the 
United  States. 

Every  new  State  coming  into  this  Union  is 
bound  to  observe  and  to  obey  the  requirements 
of  the  Constitution  of  "  the"  United  States  of 
America,"  whatever  may  be  the  character  of  ' 
its  own  fundamental  law,  and  however  repug 
nant  may  be  any  of  its  provisions  to  the  laws 
of  the  United  States.     The  Federal  govern-  : 
ment  has  the  right,  and  is  clothed  with  power 
to  compel  the  overt  action  of  a  State,  whatever 
its  Constiturional  laws  may  be,  to  conform  in  j 
everyf  respect  to  the  Constitutional  laws  of  the 
the  United  States.    It  has  the  right  and  means,  \ 
to  exact  this,  and  it  has  no  right  to  require 
more. 

When  the  State  of  Missouri  came  into  the  ! 
Union,  the  Constitution  that  had  been  framed  I 
by  its  citizens,  contained  a  clause,   prohibiting 
the  immigration  of  free  people  of  colour  into  ! 
that  State.     This  caused  a  long  and  angry  de-  ' 
bate  in   Congress,  which  was  finally  brought  ' 
to  a  close  by  the  adoption  of  a  co'mpromise  j 
resolution,  introduced  by  Mr.  Clay,  simply  e-  ! 
nacting  that  the  authorities  ef  the  State  of ' 
Missouri,  by  solemn  ad,  should  declare  that  | 
if  there  was  any  thing  contained  in  their  State  ! 
Constitution  incompatible  with  the  Constitu-  I 
tion  of  the  United  States,  it  should  not  be  en-  \ 
forced.    As  a  precautionary,  conciliator)-  mea 
sure,  it  was  wise  in  Congress  thus  to  antici-  I 
pate,   and   disarm,   by   peaceable  legislation,  | 
wlnt  might  otherwise   require    force   to   re 
move.     But  such  legislation  was  not  strictly 
necessary.      A  decision  of  the  Supreme  Court 
would  have  been  equally  obligatory  on  the 
State  of  Missouri  as  its  own  ad. 


Congress  has  no  more  right  to  compel  a 
State  applying  for  admission  into  the  Union, 
to  surrender  any  sovereign  right  of  an  inde 
pendent  State,  riot  :*inong  those  enumerated 
as  being  surrendered  by  the  States  to  the 
Federal  Government  in  the  Constitution, 
than  a  State  has  the  right  to  demand  admis 
sion  into  the  Union,  and  retain  any  one 
that  is.  Congress  would  have  had  no  more 
right  to  have  required  of  the  State  of  Louis 
iana,  when  it  upplicd  for  admission  into  the 
Union,  that  its  citizens  should  first  insert  a 
clause  in  its  Constitution,  prohibiting  the 
institution  of  Slavery,  than  Louisiana  would 
have  had  to  demand  to  he  admitted,  with  a 
clause  in  the  same  instrument,  denying  the 
right  of  Congress  to  levy  duties  on  foreign 
goods  imported  into  New  Orleans. 

If  there  is  power  deposited  any  where, 
(except  by  amendment  of  the  Constitution) 
competent  to  deprive  any  State  applying  for 
admission  into  this  Union,  of  any  of  the  sov 
ereign  rights  possessed  by  the  old  thirteen, 
it  resides  with  the  States  respectively,  or 
with  the  people  of  the  States,  for  it  is 
clearly  denned  in  the  Constitution,  that 
"  The  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited 
by  it  to  the  States,  are  reserved  to  the  States 
respectively,  or  to  tl\u people.'' 

From  whence  then  does  Congress  derive 
its  power  to  deprive  either  a  State  or  the 
people,  of  any  civil,  political,  or  char 
tered  right,  not  enumerated  in  the  Constitu 
tion  1  Who  conferred  such  a  right  upon 
that  body?  Do  ve  find  it  among  those 
"  delegated  to  the  United  States,  in  the 
Constitution?"  Do  we  find  it  among  such 
as  are  "  prohibited  by  it  to  the  States?" — 
Clearly  not !  Can  it  be  extorted  by  impli 
cation  from  that  part  of  the  Constitution, 
'that  confers  on  Congress  the  right  "To  make 
all  laws  which  shall  be  necessary  and  proper 
for  carrying  into  execution  all  powers  ves 
ted  by  the  Constitution  in  the  government 
of  the  United  States,  or  in  any  department  or 
office  thereof."  Is  there  a  wily  casuist  in  all 
the  Jesuit  colleges  that  curse  the  earth,  who 
can  extract  such  a  power  by  inference  from 
this  clause  ?  St.  Ligouri,  though  he  might 
distil  poison  from  the  sermon  on  the  mount, 
and  extract  divine  authority,  for  the  commis 
sion  of  the  greatest  crimes,from  every  pa^e  of 
the  New  Testament,  would  himself  turn  from 
such  an  attempt  in  despair ! 

Can  such  a  power  be  drawn  by  implication 
from  the  mode  of  expression  adopted  in  the 
clause  in  the  Constitution  before  referred  to, 
conferring  on  Congress  the  power  of  admitting 
new  States  ?  Because  "  new  States  may  be 
admitted  by  Congress,"  does  it  follow  that 
Congress  "may  "  require  the  people  of  them, 


14 

to  surrender  to  the  Federal  government,  sov-  i  this  Union,  should  certainly  be  clothed 
ereign  rights  not  delegated  to  the  Federal  gov-    discretionary  authority  to  meet  such  cases  as 
ernment  in  the  Constitution  or  prohibited  by 
it  to  the  States  ?     Did  the  fathers  of  this  re 
public  of  sovereign  States,  indeed  mean  to  in 
stitute  a  union  composed  of  a  medley  of  this 
character  ?  did  they  mean  to  place  a  power 


these. 

We  hear  much  about  the  Missouri  Com 
promise,  much  about  the  solemnity  with 
which  it  was  ratified ;  and  how  base  and 
dishonorable  the  South  has  behaved,  in  re 


in  the  hands  of  the  Federal  government  that    gard  to  its  repeal.     That  its  repeal  was  in 
would  thus  enable  them  to  degrade,  to  haimT-    judicious  and   inexpedient,    I  will  readily 


iate  any  portion  of  the  people  of  this  country  ? 
that  would  put  it  in  the  power  of  a  delegate 
from  one  of  the  old  thirteen  States  to  rise  in 
his  seat  on  the  floor  of  Congress,  and  re 
mind  a  fellow  member  that  he  came  not  there 
as  his  peer, — that  he  was  not  his  equal  -f  — 


grant.  Further,  I"  feel  that  the  name  of 
Douglass,  the  Northern  demagogue,  the 
tool  of  the  Jesuit  priesthood,  (though  per 
haps  unwittingly,)  should  go  down  to  pos 
terity  allied  with  those  of  Arnold  and  Burr, 
for  the  prominent  part  he  took  in  its  re- 


that  he  was  the  representative  of  the  people  I  peal.  I  grant  that  the  moral  offect  of  the 
of  a  State,  who  had  purchased  its  admission  ,  Missouri  Compromise  was  good,  eminently 
into  the  Union  by  the  surrender  of  a  part  of  i  good  ;  but  that  it  had  any  binding  legal 
the  sovereign  rights  that  belonged  to  it,  and  1  force,  farther  than  what  the  voluntary  ac- 
which  were  retained  by  the  people  of  the  i  quiesence  of  the  people  gave  it,  cannot  be 
State  which  he  himself  represented  ?  That  in  ' 
fact  he  came  not  there  as  an  untrammelled 
representative  chosen  by  the  people  of  a  sove 
reign  State  of  the  Union  —  but  as  the  vassal  |  had  as  good  a  right  to  repeal, 
delegate  of  a  fief  of  the  Federal  government !  I  I  say  we  hear  much  of  the  solemnities 
Can  any  one  suppose  that  such  was  the  in- !  attending  the  passage  of  the  act.  So  we 
tendon  of  the  framers  of  the  Constitution  or  \  do  of  the  solemn  rigmarole  accompanying 
of  the  people  who  ratified  it?  !  the  edicts  of  the  Emperor  of  China.  These 

The  wordj1 'may  "may  have  been  used  because  i  neither  add  to  nor  diminish  the  force  of  the 


maintained.  It  was  simply  a  legislative 
act,  to  make  the  most  of  it,  which,  if  Con- 
ss  wat  competent  to  pass,  It  certainly 


the  framers  of  the  articles  of  the  Constitution, 
did  not  intend  by  the  adoption  of  a  more  em 
phatic  or  affirmative  mode  of  expression,  to 


law.  It  was  enacted  at  a  period  when  it  is 
probable  the  Western  boundary  of  Missou 
ri  "sached  as  far  into  tne  wilderness  as  any 


encourage  the  people  of  a  new  State,  to  come    paatK  inator  in  the  decree  supposed  this  L- 

thundering  at  the  doors  of  Congress,  with  a 

positive  demand  for  admission.     The  fathers 

of  the  Constitution,  were  sensible  and  well 

bred  men,  and  the  word  used  was  just  the  one    our  weaker  neighbors  by  the  cupidity  and 

such  would  be  apt  to  adopt  under  the  cir-  i  violence  of  both  Northern  and  Southern^  in- 


nion  ot  "tates  ever  would  extend,  and  be 
fore  the  imuieuse  new  additional  territory 
had  been  pui  hused,  and  plundered,  from 


cumstances. 

Besides  this,  the  Constitution   permits  the 


nuences-.     The   generation  that  then  lived 
have  passed  away,  and  their  successors  are 


receiving  of  foreign  States  into  the  Union  (as  in    neither  legally  or  politically  bound  to  sus- 

— *-—    t:iin  the  law  under  existing  circumstances. 
We  of  the  North  resisted  not  the   acqui 
sition  of  Louisiana,  and  are  equally  guilty 
with  the  South  in  assisting  to  plunder  our 


the  instance  of  Texas)  provided  they  conform 
to  its  requisitions,  and  it  would  have  been 
highly  injudicious,  and  impolitic,  to  have  com 
pelled  the  admission  of  such  in  all  cases  mere 


ly  because  they  did  comply  with  the  terms  i  sister  Kepublic  of  an  immense  territory  ; — 
laid  down  in  the  Constitution.  The  whole  of  j  and  although  it  is  characteristic,  and  natu- 
the  twenty  odd  provinces  of  Mexico,  might  for  ,  ral,  still  it  ill  becomes  us  to  fall  out  with 
instance,  respectively  apply  for  admission  into  our  brother  thieves  in  relation  to  the  divis- 
this  Union.  They  might  all  comply  with  the  ion  of  the  plunder. 

provisions  of  our  'National  Constitution  ;  and  If  we  meant  to  be  honest  in  our  endea- 
yet  whilst  each  of  them  retained  on  their  stat-  !  vors  to  stay  the  extension  of  negro  slavery 


ute  books,  laws  prohibiting  the  free  exercise  of 
religion,  it  might  be  highly  impolitic,  and  in 
expedient,  to  admit  them  as  States  of  the  Un 
ion,  to  say  nothing  of  the  inconvenience  that 
might  be  experienced  in  Congress,  assembled, 
by  the  admission  into  its  halls  of  an  hundred  or 
more  half  breed  Indian  members,  each  with 
an  interpreter  at  his  elbow,  to  duplicate  speech 
es  of  which  one  edition  would  probably  be  es 
teemed  quite  sufficient.  The  body,  to  which 
power  is  delegated  to  admit  new  States  into 


we  should 'have  resisted  the  acquisition  of 
territory  by  the  Union  as  strenuously  as  we 
are  now  contending  for  its  sectional  pos 
session,  and  success  would  then  most  pro 
bably  have  crowned  our  efforts.  But  we 
were  too  much  blinded  by  coveoutness  to 
diseern  the  s^orpron  that  lay  concealed  in 
the  tempting  fruit ;  we  grasped  it,  reckless 
of  the  future,  and  we  must  abide  the  conse 
quences. 
However  sinful  negro  slavery  may  be,  how- 


15 


ever  hateful  in  our  eyes,  however  much  we 
of  the  North  may  desire  the  overthrow  of 
the  institution,  —  the  Constitution  places  no 
weapons  in  our  hands  to  assist  us  in  accom-  ' 
plishing  its  destruction.  The  framcrs  of  that  | 
instrument  never  intended  to  do  any  such  ; 
thing,  They  probably  supposed  that  the  in-  • 
stitution  would  in  no  great  period  of  time  die 
out,  (as  it  were)  and  become  extinct  in  North  I 
America.  Events  in  the  early  history  of  our  | 
republic  seemed  to  indicate  such  a  result : —  j 
commencing  at  the  North,  State  followed  State 
in  letting  the  captive  go  free.  Already  was  Ma 
son  and  Dixon's  line  reached  in  the  emu 
lating  race. — Already  were  the  great  States  of 
Virginia  and  Kentucky,  (the  very  strongholds 
of  slavery,)  preparing  to  follow  suit,  sure  to 
be  simultaneously  imitated  by  Delaware  and 
Maryland  ;  when  in  an  evil  hour  foreign  fa 
natics  with  more  zeal  than  brains,  found  their 
way  to  our  shores,  and  aided  in  their  insane 
mission  by  too  many  Americans,  sought  to 
hasten  the  action  of  the  people  of  the  slave 
holding  states  by  heaping  insult  and  abuse  on 
their  heads.  The  natural  consequences  follow 
ed.  ^  Men  whose  sires  did  not  quail  before  the 
armies  of  Britain,  were  not  to  be  driven  by 
the  taunts  of  such  incendiaries,  even  in  the  di 
rection  of  their  own  bent.  From  that  time 
State  emancipation  of  the  slave  has  ceased. 
Day  by  day  the  breach  between  the  South  and 
the  North  has  been  gradually  widening,  until 
now  it  has  reached  a  stage  that  seriously 
threatens  the  dissolution  of  the  Union.— From 
this  fate  it  is  my  solemn  conviction  that  noth 
ing  will  save  us,  but  the  formation  of  an  A- 
merican  party,  based  on  principles  so  national 
in  their  character  as  to  enable  it  to  spread  it 
self  over  and  embrace  the  whole  Union.  It 
should  have  but  two  planks  in  its  platform, 
viz. 

Americans  MUST  rale  America. 
Onr  Union  MUST  be  preserved. 

I  believe  the  first  of  these  is  entirely  essen 
tial  to'the  existence  of  the  last. 

As  before  remarked,  the  prescience  of  Wash 
ington  enabled  him  to  foresee,  that  the  great 
est  dangers  that  awaited  the  institutions  of  the 
people,  he  sacrificed  so  much  to  establish, 
would  emanate  from  two  sources,  viz.  foreign 
influence  and  sectional  divisions.  In  his  last 
address  to  his  countrymen,  he  dwelt  on  these 
two  points  with  even  beseeching  earnestness. 
"  Against  the  wiles  (says  he)  of  foreign  influ 
ence,  I  conjure  you  to  believe  me  fellow  citi 
zens,  the  jealousy  of  a  free  people  ought  to  be 
constantly  awake,  since  history  and  experience 
prove  that  foreign  influence  is  one  of  the  most 
baneful  foes  of  republican  government." 

Where  do  we  find  a  parallel  for  language  like 
this  in  all  the  various  communications  and  ad 
dresses  of  Washington  ?  On  this  momentous 
subject  big  with  tEe  future  fate  of  America, 


when  appealing  for  the  last  time  to  his  fellow 
countrymen,  his  spirit  seemed  as  it  were  melt 
ed  within  him,  and  breathed  forth  in  words 
of  affectionate  solicitude  and  parental  tender 
ness.  He  whose  word  was  never  doubted, 
even  stoops  to  plead  like  one  of  little  account, 
that  he  may  more  forcibly  impress  on  the 
minds  of  his"  people  the  momentous  dangers 
he  sees  in  the  future  awaiting  them  from  the 
exercise  of  foreign  influence.  *'I  CONJURE 
YOU  (says  he)  to  believe  me  fellow  citizens." 
Who  can  resist  such  an  appeal  as  this  ?  What 
American  can  turn  a  deaf  ear  to  such  a  warning 
from  such  a  source  ? 

Scarcely  less  eloquent  is  his  language  when 
interceding  with  his  countrymen  to  maintain 
inviolable  the  union  of  the  States.  "  The  uni 
ty  of  government  (says  he)  which  constitutes 
you  one  government  is  also  now  clear  to  you. 
It  is  justly  so ;  for  it  is  a  main  pillar  in  the  ed 
ifice  of  your  real  independece  ;  the  support  of 
your  tranquillity  at  home ;  your  peace  abroad  ; 
of  your  safety ;  of  your  prosperity  of  that  very 
liberty  whicn  you  so  highly  prize.  But  as  it 
is  easy  to  foresee,  that  from  different  causes 
and  from  different  quarters,  much  pains  will 
be  taken,  many  artifices  employed,  to  weaken 
in  your  minds  the  conviction  of  this  truth  ;  as 
this  is  the  point  in  your  political  fortress  a- 
gainst  which  the  batteries  of  internal  and  exter 
nal  enemies  will  be  most  constantly  and  active 
ly  (though  often  covertly  and  insidiously)  di 
rected  ;  it  is  of  infinite  moment  that  you  should 
properly  estimate  the  IMMENSE  VALUE 
of  your  national  union  to  your  collective  and 
individual  happiness ;  that  you  sbould  cherish 
a  cordial,  habitual  and  immoveable  attachment 
to  it ;  accustoming  yourself  to  think  and  to 
speak  of  it  as  a  palladium  of  your  political 
safety  and  prosperity ;  watching  for  its  preser 
vation  with  jealous  anxiety ;  discountenancing 
WHATEVER  MAY  SUGGEST  EVEN  A 
SUSPICION  that  it  can  in  any  event  be  aban 
doned;  AND  INDIGNANTLY  FROWN 
ING  UPON  THE  FIRST  DAWNING  OF 
EVERY  ATTEMPT  TO  ALIENIATE  ANY 

PORTION  OF  OUR  COUNTRY  FROM  THE  REST,  OR 

TO  enfeeble  THE  SACRED  TIES  WHICH  NOW  LINK 

TOGETHER  THE  VARIOUS  PARTS." 

Here  is  a  lecture  on  the  VALUE  OF  THE 
UNION,  from  a  source  worth  listening  to,  and 
worth  hearing  too ;  one  that  contains  mora 
sound  sense,  more  real  virtue,  more  true  pat 
riotism,  than  all  the  lectures  that  were  ever 
delivered  by  Anti  and  Proslavery  dema 
gogues  and  fanatics  on  both  sides  of  Mason 
and  Dixon's  line.  Will  Americans  indeed  re 
gard  such  an  appeal  from  Washington,  or  will 
they  take  counsel  of  traitors,  who  are  "  COV 
ERTLY  AND  INSIDIOUSLY  directing  their  batte 
ries  against  the  PALLADIUM  of  their  POLI 
TICAL  SAFETY." 

The  operation  of  either  of  the  causes  refer- 


red  to,  presented  Itself  to  the  clear,  strong 
and  deeply  experienced  mind  of  Washington,  ! 
as  being  sufficient  of  itself  to  work  destruction 
to  the  country.     What  then  must  be  our  criti-  | 
cal  position  now  that  it  is  assailed  by  both  at  : 
once  and  in  their  very  woist  form  ? 

That  both  temporal  and  spiritual  European  i 
despots  have  systematically  conspired  and  lea 
gued  together  to  overthrow  the  government 
and  institutions  of  the  United  States,  I  think 
that  there  can  be  no  doubt  left  in  the  mind  of  ! 
any  disinterested  man  of  sense  who  will  prop 
erly  investigate  the  subject.     That  hundreds, 
and   even   thousands   of  the  secret  order  of ' 
monks  called  Jesuits,  have  been  dispatched  to 
this  country  to  produce  by  their  "  insidious  \ 
artifices"  that  result  is  equally  certain.     That 
these  have  planted  themselves  either  openly 
or  insidiously  (in  disguise)  in  every  part  of  this 
Union  is  also  true  ;  and  that  through  the  Con 
fessional  of  the  Romish  Church  these  have  the 
means  of  obtaining  a  more  thorough  know 
ledge  of  the  secret  springs  of  action,  that  ope 
rate  in  both  political  and  social  life,   than  any  i 
other  class  of  men  in  the  States  must  be  felt ; 
by  all  thinking  men. 

Who  then  can  estimate  the  immense  influ 
ences  such  a  body  of  sWwd,  educated,  expe 
rienced  and  utterly  unprincipled  and  unscru 
pulous  men,  may  exert  for  evil  on  the  institu 
tions  of  our  country,  especially  when  we  con 
sider  that  they  arc  regularly  organized,  and  ; 
thoroughly  disciplined,  under  the  positive  and  ! 
absolute  direction  of  one  head. 

What  the  men  composing  the  secret  "  So 
ciety  of  Jesus  "  are  capable  of  accomplishing  ; 
what  they  have  attempted ;  and  what  they  i 
have  performed ;  let  the  history  of  Europe  for 
the  last  three  centuries  inform  us.  When 
last  in  this  country,  that  friend  of  Washington 
and  of  mankind,  La  Fayette,  on  more  than 
one  occasion  seriously  warned  Americans  a- 
gainst  the  machinations  of  the  Jesuit  priests 
of  Home; — no  man  knew  them  better  than 
he.  During  his  sojourn  here,  La  Fayette  re 
iterated  his  warning  (which  has  become  a 
motto)  to  Mr.  Van  Pelt  of  New  York,  and  ad 
ded  that  "  the  Jesuit  Priests  were  THE  MOST 
crafty,  dangerous  enimies  to  civil  and  religious 
liberty.  They  have  instigated  most  of  the 
wars  in  Europe." 

Again  the  same  sentiment  was  substantially 
repeated  by  La  Fayette  at  a  dinner  party,  in 
the  presence  of  Mr.  Charles  Palmer  of  Kieh- 
mond,  Virginia  ;  "  These  Romish  priests  (said 
he)  are  dangerous  men,  and  will  destroy  Ihe 
liberties  of  America  if  they  can."  But  it  is 
unnecessary  to  rehearse  testimony  regarding 
the  character  of  the  Jesuits.  There  is  not  a 
country  on  earth  in  which  they  have  not  at 
some  time  or  other  planted  themselves ;  scarce-  j 
ly  one  in  which  they  have  not  sown  dissention  j 


and  civil  war;  and  hardly  one  from  which 
they  have  not  been  expelled,  for  their  abomi 
nable  crimes.  The  editor  of  the  La  Siecle  a 
Roman  Catholic  paper  published  in  Paris,  thus 
closes  some  remarks  addressed  to  the  Jesuits 
now  in  France.  "Your  name  (says  theLaSiecle) 
is  not  religion,  for  religion  is  peace  in  the 
State,  whilst  wherever  you  set  your  feet  we 
find  nothing  but  discord.  No  power,  no  peo 
ple,  has  been  able  to  live  within  the  reach  of 
your  breath,  without  being  poisoned  and  vom 
iting  you  back." 

Such  is  the  character  of  the  men,  (as  pro 
claimed  by  their  own  co-religionists)  that  the 
despots  of  Europe  have  foisted  in  our  midst, 
to  sow  discord  among  the  people  and  the 
States,  and  to  accomplish  the  destruction  of  our 
Union.  And  will  Americans  indeed  continue 
to  slumber  when  such  a  foe  is  actively  at  work 
among  us  ?  will  they  disregard  the  warning 
of  Washington ; — of  La  Fayette  ; — and  of  the 
bitter  experience  of  the  world  ? 

The  thousands  of  devoted  spies  which  these 
foes  of  liberty  have  insinuated  into  every  nook 
and  corner,  nay  into  almost  every  family  in 
our  land,  has  enabled  them  to  discover  each 
point  where  our  institutions  are  vulnerable. 
They  know  too  precisely  their  own  strength. 
They  can  count  it  at  the  polls  almost  as  exact 
ly  before  as  after  an  election.  They  can  esti 
mate  almost  to  a  fraction  when  and  where 
they  hold  the  balance  of  power  between  the 
sectional  and  other  factions  that  they  them 
selves  by  craft  and  artifice  know  so  well  how 
to  "  covertly  "  create.  They  know  the  charac 
ter  of  the  leading  politicians  of  all  parties. 
They  know  who  to  ally  themselves  with. — 
They  know  that  from  the  circumstance  that 
the  democratic  party  has  been  almost  uniform 
ly  in  power  in  the  general  government,  that 
a'  vast  number  of  men  attached  to  that  party 
have  grown  up  by  profession,  office  seekers 
and  office  holders.  These  are  the  men  for  the 
Jesuits.  These  are  the  men  whose  "poverty 
if  not  their  wills  "  will  consent  to  any  compli 
ances,  men  to  the  existence  of  whom  the  emol 
uments  of  office  are  almost  as  necessary  as  is 
the  air  they  breathe.  And  office  and  public  mo 
ney  the  tempter  in  the  form  of  a  Jesuit  Bish 
op,  will  consent  that  these  men  shall  have  on 
condition  that  a  creature  and  instrument  of 
their  own  shall  be  installed  Chief  Executive 
officer  and  Commander  in  chief  of  the  Army 
and  Navy  of  the  United  States.  The  bargain 
to  accomplish  this  result  is  already  struck! 
The  Presidential  campaign  is  already  organized 
and  commenced  by  the  Jesuit  priesthood  and 
their  allies,  the  old  line  democrats.  The  for 
mer  wait  but  the  moment  when  victory 
declares  for  them,  to  precipitate  the  civil  war 
upon  us,  that  they  have  been  for  years  secret 
ly  fomenting. 


17 


Would  it  not  bo  well  for  the  zealous  op 
ponents  of  negro  slavery  at  the  North,  to 
pause  a  moment  and  examine  to  what  point 
their  labors  are  tending  ?  Have  these  so  far 
improved  in  the  least  the  condition  of  the 
slave '  Does  his  manacles  hang  more  loose 
ly  upon  him?  or  is  the  prospect  of  his  free- 


Did  their  fathers  before   theai,  when   men 
aced  by  the  sericd  legions  of  Britain,  stop 


to  estimate  thlTconsequence  ?  Do  vro  not 
instinctively  feel  that  as  Americans,  danger 
and  death,  even  to  extermination,  can  have 
no  terrors  for  such  men,  when  the  freedom 
their  ancestors  assisted  to  win,  and  the 

dom  brought  nearer  to  view,  than  it  was  a  I  rights  they  mutually  pledged  themselves  t© 
quarter  eta  century  ago?  On  the  contra-  i  each  other  to  maintain  with  their  "lives, 
ry,  is  ic  not  evident  that  the  interference  of  their  fortunes,  and  their  sacred  honor,  ''arc 
the  North,  so  far,  has  tended  greatly  to  in-  believed  to  be  in  peril? 
crease  the  hardships  of  the  slave,  and  to  I  Should  we  not,  then,  nicely  examine  the 
cause  his  fetters  to  be  more  firmly  rivetted  ?  [  ground  on  which  we  stand  in  relation  to  otir 
Is  it  not  clear  that  the  effect  of  such  ill-  brethren  of  the  South,  and  ascertain  to  a 


timed  and  officious  meddling,  has  been   to 


fraction  its  true  position, 


permit 


stay  the  public  measures  that  were  in  pro-    ourselves  to  be  seduced  into  the  terrible  vor 
gress  for  the  Emancipation  of  the  blacks  in  I  tex  of  civil  strife? 

the  three  great  States  of  Virginia,  North  Let  us  seriously  ask  ourselve^  who  corn- 
Carolina,  and  Kentucky?  to  palsy  the  ef-  j  menced  the  measures  or  line  of  conduct  that 
forts  of  the  more  liberal  and  philanthropic  |  has  produced  the  fearful  estrangement  of 
class  of  citizens  in  those  States?  and  to  j  the  two  great  divisions  of  our  Union?  For 
wrest  political  power  from  their  hands,  and  j  on  him  who  applies  the  first  spark,  mainly 
to  place  it  with  those  of  an  opposite  char- j  rests  the  responsibility  of  the  subsequent 
acter*  to  take  power  in  fact  from  the  friends  !  conflagration.  Haw  came  the  question  o4 
of  the  slave,  and  to  confirm  it  in  the  keep-  j  negro  slavery  to  be  involved  with  our  na- 
*ng  ot  his  oppressors?  I  tional  polities?  llow  came  it  to  be  made  & 

When  faction  runs  high  in  a  State,  it  has  |  political  question  at  all?     Is  it  necessary 
frequently  been  the  policy  of  unprincipled    that  it  should  have  ever  been  so  treated  ?—  - 
rulers,  to  provoke  an  attack  from  abroad,    Or  does  it  follow,  because  slavery  was  moat- 
that  the  opposing  parties  may  be  forced  by  j  iy  located  in  the  Southern  States,  that  the 
the  presence  of  a  common  enemy,  to  forego  |  people  of  those  States  should  necessarily  sd- 
their  internal  strife,  and  unite  for  defence  j  vocate  or  desire  its   extension?     When  we 
against  the  external    foe.     Thus,    has  not  |  reflect  that  Virginia,  the  largest  and  at  that 
the   effect  of  external  interference  in   the  \  time  the  most  populous  State  in  the  Union 
question  of  slavery,  been,  to  unit*  all  par-  \  ceded  of  her  own  accord  ,-most  of  the  crov/ri 
ties  at  the  South,  and  to  compel  them  to  re-  1  lands  embraced  within  her  charter  limits  to 
gard  the  institution  no  longer  as  one  of  mere    the  general  government  in  «™afc  tn  h*  cV  __'„„ 
expediency,  but  of  political  right? 

Like  the  man  in  the  fable,  who  under  the 
*nild  influence  of  Phoebus,  was  gradually 
.ocsening  the  folds  of  his  cloak,  and  prepar 
ing  to  cast  it  from  him,  but  which  he  again 


the  general  government  ir\  trust, 
ed  of,  and  the  proceeds  divided  amon^  the  in 
dividual  confederated.  States  pro  -^  a* 
they  had  contributed  to  the  expe'  1Rpa  of  the 


wr' 


;rasped  firmly  about  him,  when  the  fierce 
)lasts  of  Boreas  sought  by  violence  to  has 
ten  its  fall,  so  was  the  institution  of  slavery 
gradually  loosening  its  hold  on  the  people 
•of  the  South,  until  the  ill-judged  interfer 
ence  of  the  North  incited  them  to  fasten  it 


it  really 
ing  the  p^ 


aietlj 'acquiesced  in  tb  w__ 

3fl787,  foritp  government, 

HQt       <3<\n,n        +1 


ceded  the  District 


jiroua  of  extend- 
a!     When,  again, 
in  conju-  nction  .with  Mary- 


institutior 


of  Columbia  to  the 


..<.•  ,  OI  l^URKUUio   u^     v»«~ 

national  government  v     -th     t  requir^g  any 

a>nni»onfoo  frl»of    oln^        f*miv«.v  *    ?  .°.      *i 


of  affairs  that  leads  us  to  suppose  that  the 
South  will  back  out  of  the  position  that 
they  occupy,  unless  it  can  be  clearly  demon 
strated  that  they  stand  on  unconstitutional 
ground?  Do  we  believe  that  fifteen  States 
of  this  Union,  and  those  the  largest  in  terri- 
tary,  inhabited  by  a  high  spirited  and  reso 
lute  race  of  men,  will  stop  to  calculate  their 
physical  strength,  or  the  probabilities  ot  the 
event  of  a  conflict  with  the  North,  when 
they  really  believe  that  their  honor,  and 
their  political  and  social  rights  are  at  stake  ? 


as  it  should  contin- 


tined  to   assume  a   sectional 
so  rabid  a  type  as   to  impem 


was  dei 
character  of 
the  Union ! 

isslmft'       Aiavlet  us  ask,  has  caused  it  to 
™:      ni3  aspect?     Is  there   anything  in 
,eia  itself,  abstractedly,  that  lead* 
°  ?  '      *ho  practice  it,  to  wish  for  its  extra- 
Op  the  contrary,  if  assured  that  th* 


question  would  be  left  undisturbed  in   the  ! 
national  councils  of  the  Union,  is  it  not  ap-  I 
parent  that  the  people  of  most  of  the  South-  | 
era  States,  would  consider  that  their  inter-  • 
ests  would  be  promoted  by  its  being  confined 
within  a  limited  territory,  rather  than  in 
its  constant  extension?     Were  not  the  cot 
ton  and  rice  planters  of  South  Carolina  and  | 
Georgia  aware  of  the  fact,  that   by  trans-  j 
planting  the  iustitution  on  the  rich  soil  of 
the  Mississippi,  where   twice  the  products  ! 
can  be  produced  with  the  same  amount  of  j 
labor,  that  their  profits  at  home,    would  be 
lessened  ? 

Virginia,  it  is  true,  might  have  been  dis-  | 
posed  to  favor  its  extension,  on  the  ground  ! 
of  opening  a  wider  market  for  its  surplus 
slates?     But  can  we  suppose  that  the  influ 
ence  of  that  one  State,  would  have  been  suf 
ficient  to  have  directed  the  policy  of  all  of 
the  other  slave  States,  especially  when   we 
consider  that  most  of  them  are  purchasers 
rather  than  selbrs  of  negro  slaves  f 

Such  a  procedure  would  be  tantamount  to, 
or  very  much  the  same,  as  if  all  the  cotton 
and  woolen  manufacturers  of  New  England, 
should  unite  their  endeavors  to  extend  their 
peculiar  business,  throughout  every  North 
ern  and  Western  State,  merely  because  it 
would  open  for  the  makers  of  the  machine 
ry  they  use,  and  are  obliged  to  purchase  pe 
riodically,  a  more  extensive  market  for  the 
products  of  their  shops,  and  thus  enable 
them  to  exact  higher  prices  from  the  manu 
facturers  at  home !  Can  we  suppose  that 
under  any  ordinary  circumstances  these 
manufacturers  of  cotton  and  wool,jjcould  be 
induced  to  adopt  so  suicidal  a  course?  A 
course  that  would  compel  them  not  only  to 
pay  a  higher  price  for  the  machinery  they 
themselves  use,  but  by  the  well-established 
laws  of  trade,  add  to  the  cost  of  the  raw 
material,  at  the  same  time  that  the  price  of 
the  manufactured  article  would  be  lessened  ? 
How  absurd  to  suppose  that  thrifty,  shrewd 
men,  governed  generally,  too  generally,  by 
their  individual  interests,  should  thus  act! 
And  yet  are  not  the  two  eases  stated  very 
much  the  same  in  their  character  and  ef 
fects?  Does  not  the  extension  of  negro  sla 
very,  cause  the  products  of  Slave  labor  to 
be  lessened  in  price  ?  Does  it  not  by  the 
fixed  laws  of  trade,  enhance  the  cost  of  the 
labor,  and  lessen  that  of  its  product?  And 
are  the  slave-selling  planters  of  Virginia,  of 
more  relative  importance,  or  their  influen 
ces  greatsr  in  comparison  with  the  people  of 
all  of  the  other  slave  States,  than  is  that  of 
the  machine  makers,  when  compared  with 
all  other  manufacturers? 

But  yet  as  preposterous  as  appears  the 
supposition,  that  these  manufacturers 


should  thus  unite  in  laboring  to  extend  * 
system  that  would  so  clearly  militate  against 
their  own  interests,  has  not  the  time  beer? 
in  this  country,  when  they  iolt  themselves 
constrained  to  pursue  each  a  course?  Thie 
is  true.  And  why  was  it?  Simply  becauss 
the  manufacturers  saw  not  only  the  profits 
of  their  business  in  jeopardy,  bin  likewise 
the  whole  capital  they  had  invested  in  it? — • 
The  basis  upon  which  they  deemed  it  rest 
ed,  had  become  a  political  question,  and  a 
powerful  party  had  arrayed  itself  in  hostili 
ty  to  all  protcc/irc  tmijfs.  Then  it  was  that 
the  lesser  interest  was  forced  to  give  place 
to  the  greater.  When  all  was  in  danger, 
the  manufacturer  was  willing  to  sacrifice  a 
part,  that  ho  might  retain  the  remainder. 
Then  it  was  that  he  sought  with  all  his 
might  to  induce  others  at  the  North,  South, 
East  and  West,  to  engage  in  the  business  of 
manufacturing  wool,  cotton,  iron,  and  other 
articles,  that  private  interest  might  stimu 
late  public  action,  and  thus  save  all  engaged 
in  the  pursuit,  from  common  ruin. 

Well  the  time  came  when  the  fierce  po 
litical  contest,  in  relation  to  a  protective 
tariff  was  at  an  end,  and  with  it  vanished 
all  desire  on  the  part  of  the  manufacturers 
to  impart  a  knowledge  of  their  business  to 
others,  or  to  incite  them  to  invest  capita? 
in  the  calling ;  and  they,  oae  and  all,  be 
came  as  quiet  on  the  e'ubject  as  "  sucking 
doves,"  and  so  remain. 

In  like  manner  is  not  the  question  of  ne 
gro  slavery  now  undergoing  a  similar  pro 
cess  ?  Foy  many  years  after  the  formation 
of  this  Union,  the  right  to  keep  negro  slaves 
was  no  more  questioned,  than  was  the  right 
to  manufacture  woolen  or  cotton  ch>th.— - 
No  excitement  was  caused  by  the  practice, 
either  socially  or  politically,  either  in  ou* 
National  legislature  or  elsewhere,  excepting 
so  far  as  it  Was  agitated  and  acted  upon,  by 
States  in  their  separate  capacity  arcl  ki  rela 
tion  to  its  bearings  on  themselves  alone, 
individually  ;  and  it  was  only  whea  the 
people  of  the  Southern  section  of  the  Union 
became  imbued  with  a  belief, that  the  institu 
tion  of  negro  -sis-very  was  in  danger,  from 
an  outside  pressure,  that  they  began  to 
unite  politically,  for  the  defenes  of  what 
they  deemed  their  constitutional  rights.- 

x\s  the  manufacturers  of  the  Northern 
States,  when  menaced  by  the  action  of  Con 
gress,  sought  to  create  a  bond  of  union,  by 
diffusing  a  common  interest  as  widely  as 
possible,  sufficiently  strong  to  control  the 
national  will,  for  the  sake  of  preserving 
their  cherished  institution  of  manufactar- 
ing^  from  dsstruction,  even  at  the  cost  of 
sharing  a  part  of  its  profits,  with  the  peo 
ple  of  other  States  of  the  Union  ;  so  ifi  like 


19 


manner,  have  the  slaveholders  of  the  South,  | 
sought  to  create  a  bond  of  union,  by  the  wi-  ! 
der  diffusion  of  negro  slavery,  sufficiently  i 
strong  to  control  the  action  ot  the  national  j 
government,  for  the  sake  of  preserving  their  \ 
cherished  institution,  even  at  the  cost  of  j 
sharing  a  part  of  its  profits  with  the  people 
of  other  States  of  the  Union. 

1  know  that  it  \vill  be  said  that  the  insti-  j 
tution  of  negro  slavery  is  not  in  danger  by 
any  action  of  the  Northern  will.  But  is 
this  material  to  the  issue?  If  the  South 
really  believe  it  is,  the  effect  will  be  all  one, 
whether  it  is  so  or  not ;  and  their  action 
would  be  the  same. 

We,  many  of  us,  remember  during  the 
seasons  of  panic  created  by  the  government's 
interference  in  the  banking  and  commercial 
concerns  of  the  nation,  how  much  was  said 
by  our  great  statesmen  in  Congress,  and  by 
our  most  experienced  merchants,  bankers, 
and  financiers,  in  our  public  journals,  and 
in  our  streets,  about  the  "  timidity  "of  pro 
perty^  and  how  we  were  tokl  that  a  breath 
of  apprehension  would  disturb  its  equilib- j 
rium,  and  the  bare  look  of  hostility  from  a  | 
quarter  sufficiently  powerful  to  work  it  in 
jury,  might  of  itself  bring  ruin  on  whole 
communities!  And  never  was  anything 
said  more  true. 

And  do  we  not  also  remember,  how,  when 
Webster,  Clay,  and  the  host  of  other  great 
men,  who  at  that  day,  opposed  the  reck 
less  measures  of  the  honest  meaning  tyrant, 
who  then  occupied  the  Presidential  chair, 
how  the  glowing  pictures  that  they  drew 
of  the  ruin  and  desolation  that  awaited  the  ' 
•commercial,  manufacturing,  and  monetary 
interests  of  the  country,  were  constantly 
met  by  the  supporters  ot  the  administration 
with  a  flat  denial  of  th^ir  truth,  and  with 
a  positive  disavowal  of  any  intention  on  the 
part  of  the  administration,  to  injure  the 
business  of  individuals  in  any  way  !  And 
do  we  not  too  well  remember  what  little  ef 
fect  their  disavowal  produced,  towards  qui 
eting  the  apprehensions  of  the  business  com 
munity?  And  how  people  used  to  congre 
gate  in  crowds  in  every  city ;  how  rner- 
c;iants,  and  banker*,  and  manufacturers, 
used  to  send  delegation  upon  delegation,  to 
Washington,  to  remonstrate  with  Jackson, 
and  to  intercede  with  him  to  cease  from  tam 
pering  with  the  monetary  interests  of  the 
country  ?  And  do  we  not  remember  how 
the  wiltul  and  courtly  old  gentleman,  used 
to  escort  these  committees  to  the  door  of  his 
palace,  and  how  he  was  wont  to  observe  to 
them,  as  he  politely  edged  them 'in to  the 
btreet,  "  go  home  gentlemen  and  make  your 
8elvee  easy,  John  Home  and  I  will  take 
care  of  your  business,"  But  did  this  assur 


ance  pacify  them?  Did  it  in  fact  save  the 
commercial  and  monetary  interests  of  the 
country  from  eventual  ruin?  We  all  know 
the  desolating  events  that  followed,  and 
these  went  to  prove  very  conclusively,  that 
experienced  poulterers  ought  to,  and  always 
will  consider  eggs  in  jeopardy,  when  they 
perceive  jackasses  gambolling  amongst  hen's 
nests,  let  the  tribe  bray  ever  so  loudly  about 
their  harmless  intentions. 

And  can  we  then  blame  the  South  for  en 
tertaining  apprehensions,  that  the  over 
throw  of  the  institution  oi'negro  slavery  not 
only  :'n  the  territories,  but  in  the  States  of 
this  Union,  is  meditated  by  a  strong  political 
party  at  the  North?  Are  we  not  in  fact, 
impressed  with  such  a  belief  ourselves? — 
And  do  we  not  feel  that  this  party  is  daily 
Crowing  stronger  and  stronger,  and  that  by 
the  intemperate  acts  and  publications  of  the 
individuals  composing  it,  it  is  fearfully  wi 
dening  the  sectional  breach  that  so  unhap 
pily  exists?  Have  we  not  good  reason  to 
suppose  that  there  are  at  present  hundreds, 
yea,  thousands,  of  men  at  the  North  who 
really  desire  to  see  this  gulf  widened  rather 
than  closed,  even  to  the  extremity  of  civil 
war?  All  must  know  this  to  be  true  al 
though  most  will  probably  say  that  the 
South  have  nothing  to  fear  from  the  influ 
ence  of  such  men,  and  that  the  prevailing 
sentiment  of  the  North  is  decidedly  op 
posed  to  any  interference  with  tiie  institu 
tion  of  slavery,  in  the  States  where  it  al 
ready  exists.  But  are  the  people  of  the 
South  in  a  position  to  enable  them  to  feel 
sure  of  this?  Men's  apprehensions  are  gen 
erally  more  or  less  quickened,  not  eo  much 
by  the  magnitude  of  danger,  as  by  the  im 
portance  of  the  interests  menaced.  Men 
who  could  behold  with  composure  the  fall 
of  a  distant  mountain,  might  feel  their 
minds  shaken  with  alarm  at  the  bare  tremb 
ling  of  the  mole  hill,  at  the  base  of  which 
their  families  dwell ! 

In  the  preservation  of  the  institution  of 
negro  slavery  as  it  now  exists,  (for  the  pre 
sent,  at  least,)  the  people  of  the  South  feel 
that  their  all  depends.  By  a  forcible  dis 
ruption  of  the  ties  that  now  subsist  be 
tween  master  and  slave, the  former  feels,  and 
keenly  feels,  that  not  only  his  property  is  at 
stake,  but  the  honor  and  lives  of  his  family. 
Can  we  then  blame  tho  people  of  the  South, 
for  over  estimating  the  dangers  that  menace 
them  ? 

The  minds  of  men  may  in  some  respects 
be  appropriately  compared  to  the  waters  of 
a  luke.  Let  these  be  calm  and  unruffled, 
and  every  object  will  be  reflected  from  its 
bosom,  in  harmony  with  itself:  but  let 
these  be  agitated  by  the  wind  or  other  cau- 


ses,  and  tho  fairest  objects  will  present  on  !  may  seemingly  demand.  Sheltering  themselves 
its  heaving  surface,  nothing  but  frightful  under  FalstafTs  broad  maxim,  "  It  is  n,y  vo- 
distortions.  So  when  the  minds  of  men  are  cation,  Hal,"  they  thus  by  long  practice  in 
calm  and  composed,  objects  present  them-  i  tne  same  lilic  induce  a  Phase  of  mind,  and  hab- 
selves  to  their  understanding  in  their  true  !  {i  of  thinking,  that  leads  them  to  examine  the 
forms  ;  but  let  them  be  disturbed  and  agi-  i  Plamest  written  inst™m™ts,  m  the  same  light 
tated,  and  the  most  harmless  objects,  some 
times  convey  to  their  understandings  the 
most  hideous  impressions. 

Thus  the  constant  harping  of  the  aboli 
tionists  of  the  .North,  first  slightly  disturbed 
the  equanimity  of  the  South.  As  the  influ 
ence  of  tho  one  increased,  so  did  the  alarm 
of  the  other.  For  the  real  purpose  or  under 
plea  of  protecting  their  institutions,  the 

the  South  began  to  adopt  a  more    stringent  !  whole  profession   indiscriminately,    for   I   well 
line  of  policy  and  in  some  instances  to    pass  '  know  that there  are  many  lawyers  whose  lives 

-  '  and  practises  in  point  of  honor  and  purity,  will 
compare  favorably  with  the  foremost  of  the 
earth,  but  such  I  believe  will  bear  witness  to 
the  truth  of  my  remarks,  when  applied  to  far 
too  many  of  the  profession. 

It  is  true,  that  the  study  of  the  debate?,  that 
transpired  in  the  Convention  that  framed  the 
articles  of  the  Constitution  of  the  United  States, 
may  aid  in  arriving  at  correct  opinions  in  re 
gard  to  their  import  to  a  certain  extent,  if  prop 
erly  considered,  and  not  too  much  relied  upon  ; 
ut  then  unless  thoroughly  studied  and  proper- 


the  ponderous  volumes  of  the  fathers  of  their 
profession,  not  so  much  with  a  view  to  arrive 
at  the  truth,  as  for  the  purpose  of  obtaining 
precedents  to  establish  wire  drawn  subtleties  to 
meet  their  dishonest  purposes,  that  go  to  sub 
vert  rather  than  elucidate  the  meaning  of  the 
text. 

I  do  not  mean  these  remarks  to  apply  to   the 


and  enforce  irritating  and  unconstitutional 
laws.  This  course  added  numbers  to  the 
ranks  of  the  abolition  party  at  the  North. 
Mutual  recrimination  followed.  The  breeze 
became  a  gale.  The  gale  has  now  swelled 
into  a  tempest,  under  the  influence  of  which 
the  mind  ol  the  whole  nation  seems  lashed 
Into  fury,  and  stereotyped  with  distorted 
views.  In  the  mean  time  our  ship  of  State 
lies  almost  helpless  on  the  billows  :  with  no 
longer  a  Washington  or  even  a  Jackson  at 


the  helm,  her  officers  disorganized  and  mad-  i  ly  appreciated,  they  may  mislead  the  mind  as 
ly  contending,  her  distracted  crew  seduced  !  well  as  direct  it  ;  and  we  should  remember  that 
and  bewildered  by  the  »  insidious  wiles"  of  |  5t  was  the  Pc°Plc  of  tlie  Umted  ?tates> in  *he5r 
native  demagogues  and  forein  traitors,  P™T  assemblies,  who  passed  upon  and  es- 


with,  alas,  no  longer  a  Clay  on  board  Praise  !  fished  the  Constitution,^/  not  itsframer*,. 

j  and  that  neither  these,  nor  the  members  of  the 
i  State  Conventions,  to  whom  the  people  delega- 


his  trumpet  voice  above  the  tumult  of  the  \ 
storm,  and  pipe  all  hands  to  duty.     What ! 


ted  their  authority,  were   probably   materially 


what !  may  it  well  be  asked  under  such  cir-  ided  in  their  decision,  i,y  the  debates  that  oc- 
cumstancesis  to  save  our  Union  from  des-  j  curi.ed  iri  the  National  Convention,  but  by  their 
truction.  ;  own  understanding  of  the  tsxt  of  the  instru- 

Any  American  of  ordinary  capacity,  who  will 


direct  his  attention  earnestly  to  the  study  of  th 
Constitution  of  the  y  nited  States,  is  as  compe 
tent  of  comprehending  its  true  meaning,  as  is 
the  most  learned  lawyer,  perhaps  more  so  ;  for 
the  profession  of  a  lawyer,  necessarily  introdu 
ces  him  to  a  line  of  study,  that  brings  his  mind 
in  contact  with  authors  of  former  times,  whose 
sentiments  and  principles  were  generally  better 
attuned  to  a  monarchial  or  despotic  order  of 
things,  than  to  such  a  form  of  government,  as 
is  instituted  in  the  Constitution  of  the  United 
States  ;  and  strong  indeed  must  be  that  mind 
that  can  avoid  receiving  an  impress  from 


ment.  And  who,  let  me  ask,  is  better  calcula 
ted  to  appreciate  the  peculiar  phase  of  thought 
and  expression  of  their  ancestors,  than  the  peo 
ple  themselves  ? 

The  Constitution  presumes  every  primary  of 
ficer,  whether  of  the  general,  or  State  Govern 
ment,  to  be  his  own  exponent  of  any  disputed 
passage  in  its  provisions,  unless  it  has  been  de 
cided  upon  by  the  Supreme  Court;  otherwise  he 
could  not  conscientiously  fulfil  his  oath  of  office. 
But  when  such  a  decision  is  declared,  then,  in 
deed,  it  becomes  obligatory  on  each  and  all  of 
these  officers,  and  on  every  citizen  of  the  United 


States,  to  conform  to  the  meaning  as  explained 
circumstances  that  constantly  invest  it.  Be-  i  by  that  tribunal, 
sides,  as  the  practice  of  law  is  conducted  at  this  i  The  Supreme  Courtis  ordained  and  eslal- 
day,  the  object  of  too  many  members  of  the  bar  '  lished,  by  the  people  of  the  United  States, 
seems,  not  so  much  to  be,  the  establishment  of  j  the  sole  exponent  in  the  last  resort,  of  all  cases 
what  is  right,  as  the  accomplishment  of  victory  '  ovfeino'  in  i<mir  nr  pnnitv  nndpv  fh«  Crmfititu- 


whether  the  side  they  advocate,  morally  speak 
ing,  be  right,  or  wrong.     This   leads   them   to 


arising  in  law,  or  equity,  under  the  Constitu 
tion.  It  follows,  that  when  a  decision  has  been 
once  recorded  by  that  Court,  involving  a  Con- 


place  the  law  as  it  is  called,   let  it  come  from  j  stitutional  principle, — that  such  a  decision  be- 

1 A  A_    IA,   -—Ml      ™       J.T.  „   „! _J»      „„ **„  _  _    i    •        i*  _ "—    j.1 _1 *      5i^«l^       s^-P     4-V.A. 


what  source  it  will,  in  the  place  of  conscience, 
and  to  feel  justified  in  torturing  its  plainest 
words  into  all  manner  of  meanings,  and  subtle- 


comes  as  binding  as  is  the  clause  itself,  of  the 
Constitution  so  explained.  It  becomes,  in  fact, 
a  part  of  the  Constitution,  which  every  officer 


ties,  that  the  exigencies  of  their  client's  case   or  legislator  of  the  United  States,  and  of  the  sep- 


21 


arate  States,  from  the  President,  and  Cover 
new,  down ward,  solemnly  bind  themselves  by 
their  oaths  of  office  to  support. 

In  regard  to  construing  the  meaning  of  any  ar 
ticle  of  the  Constitution,  the  Supreme  Court  of 
the  United  States,  stands  as  "  King  of  Kings 
and  Lord  of  Lords."  From  its  judicial  inter 
pretation  there  is  no  appeal.  Like  the  laws  of 
the  Medes  and  Persians,  it  "  changeth  not." — 
Right  or  wrong,  there  it  must  stand,  the  Su 
preme  law  of  the  bind,  until  it  is  declared  null 
and  void  by  the  suffrages  of  the  whole  people  of 
the  United  States,  agreeably  to  the  provisions 


ried  in  the  other  States  by  small  majorities, 
and  especially  in  Massachusetts,  New  York 
and  Virginia,  by  little  more  than  a  prepon 
derating  vote."  And  we  know  that  it  was  at 
first  rejected  altogether  by  North  Carolina 
and  Rhode  Island.  "  In  our  endeavors  (said 
Washington  as  recorded  by  Marshall,)  to  es 
tablish  a  new  General  government,  the  con 
test  naturally  considered,  seems  not  to  have 
been  BO  much  for  ylory  as  for  existence.  It 
was  for  a  long  time  doubtful,  whether  we  were 
to  survive  as  an  independent  republic,  or  de 
cline  from  our  federal  dignity  into  insignifi- 


set  forth  in  the  Constitution  itself.     So  long   as    cant  and  withered  fragments  of  empire." 


the  judges  of  the  Supreme  Court  keep  their  er 
mine  of  office  pure  and  unspotted,  neither  Con 
gress,  nor  any  other  earthly  constituted  author 
ity  cau  legally  come  between  them  and  the  dis 
charge  of  their  official  duties. 

The  Supreme  Court  of  the  United  States, 
constitutes  the  keystone  of  the  arch,  on  which 
rests  the  glorious  fabric  of  our  Union.  Strike 
that  from  under  and  irreparable  confusion,  and 
anarchy  in  every  department  would  quickly 
follow.  How  essential  then,  that  none  but 
the  purest,  and  most  able  men,  should  be 
placed  on  its  august  bench.  And  how  Prov 
idential  does  it  seem,  that  for  nearly  the  half 
of  a  century,  from  almost  the  first  of  its  estab 
lishment,  that  so  pure  a  character  as  John 
Marshall,  was  permitted  to  preside  over  its 
deliberations,  and  thus  give  the  sanction  of  a 
name,to  a  list  of  decisions  and  precedents,  em 
bracing  probably  nearly  every  important  ques 
tion,  that  can  ai\se  under  the  Constitution, 
that  stands  second  to  none  in  the  list  of  earth's 
worthies,  whether  its  bearer  be  considered  in 
the  light-  of  a  Jurist  or  a  man. 

There  were  doubtless  many  reasons  besides 
those  I  have  before  alluded  to,  that  operated 
on  the  minds  of  the  members  of  the  conven 
tion  who  framed  the  Constitution,  and  on 
those  of  the  people  who  ratified  it,  for  their 


Neither  individuals,  nor  nations  of  men, 
when  struggling  for  a  bare  "  existence,"  are 
apt  to  think  much  about  future  acquisitions 
or  conquests,  under  any  circumstances.  Much 
less  then  would  the  framers  of  the  Constitution 
have  been  likely  to  raise  the  question  of  addi 
tional  territory  in  that  instrument  and  thus 
add  greater  force  to  the  arguments  based  by 
opposers  of  the  Union,  on  the  ground,  that 
the  States  already  existing  comprehended  too 
much  territory,  for  one  Union.  Experien 
ced  navigators  can  not  rationally  be  suppo 
sed  to  be  inclined  to  stipulate  for  additional 
freight,  however  tempting  the  inducement  of 
fered  may  be,  at  a  moment,  when  all  their 
thoughts  and  energies,  are  required  to  pre 
serve  their  ship  from  sinking  tnrough  excess 
of  cargo  already  on  board. 

J  ust  escaped  barely  with  life,  from,  a  des 
perate  and  protracted  struggle  with  an  hercu 
lean  foe, — impoverished, — weak  and  despond 
ing, — holding  as  it  were  "the  cup  of  trembling 
in  their  hands," — and  struggling  for  "  exist 
ence,"  if  through  the  clouds  that  at  that  pe 
riod  hung  lowering  over  the  future,  there  was 
a  gifted,  hopeful  individual  in  that  assembly 
of  great  men  who  framed  the  Constitution, 
whose  prophetic  vision  enabled  him  to  peer 
bevond  the  darkness  of  the  hour,  and  to  be- 


not  including  in  its  articles  any  provision  for  j  hold  the  blessings  that  were  preparing  in  the 
the  acquirement,  and  government  of  territory,  j  hand  of  Providence  soon  to  be  showered  up- 
As  has  been  before  stated,  one  of  the  greatest  !  on  the  infant  nation,  he  and  his  compeers 
objections  brought  against  the  Union  of  the  were  endeavoring  to  create,  out  of  thirteen 
old  thirteen  States  was  the  great  extent  of  j  feeble  and  disjointed  States ;  if  I  say  such  an 
territory,  already  embraced  within  their  limits,  j  improbable  event  as  the  future  acquisition  of 
There  were  many  advocates  for  constituting  j  new  territory  ever  presented  itself  to  the 
two  separate  nations  out  of  the  Confederacy,  j  mind  of  one  o'r  more  of  those  gifted  men,  du- 
r.ud  even  three  were  contended  for  by  some,  j  ring  their  deliberations,  they  were  probably 
So  hard  was  the  task  to  perform  that  was  too  discreet  to  give  it  utterance,  but  wisely 


devolved  on  the  convention  for  framing  the 
articles  of  the  Constitution  that  it  is  recorded 
by  Marshall  in  his  life  of  Washington,  that  at 


considering,  "  that  sufficient  for  the  clay  IB 
the  evil  thereof,"  postponed  its  consideration, 
until  the  necessity  should  require  an  amend- 


Keveral  periods,  that  assembly  was  upon  the  j  ment  of  the  Constitution,  to1  meet  such  an  al 


point  of  breaking   up  without  accomplishin 
anything.     And  when  its  labors  were  perfect 
ed,  and  the  Constitution  was  submitted  to  the 


most  inconceivable  and  hardly  to  be  supj  os- 

cd  requirement. 

The  Constitutional  convention  was  conven- 
people  of  the  respective  States  for,  adoption,  it  I  ed  in  Philadelphia,  at  the  same  time  that  the 
barely  survived  the  ordeal.  "  It  was  adopted  j  Confederated  Congress  was  there  sitting,  that 
(says  Story)  unanimously  by  Georgia,  New  j  enacted  the  Ordinance  of  1787  for  the  tempo. 
Jersey  and  Delaware.  It  was  supported  by  i  rary  government  of  the  N.  "West  territory. 


large  majorities  iu  Pennsylvania,  Connecticut, 
Maryland  and  South   Carolina.     It  was  car- 


There  can  be  but  little  doubt,  that  a  free  in 
terchange  of  views  and  sentiments  passed  be. 


tweeri  the  members  of  the  two  bodies  ;  and 
although  the  "  compact "  which  Congress  at 
that  time  assumed  to  enter  into  with  itself 
in  the  name  of  three  other  distinct  parties 
(and  one  of  these  not  yet  in  being)  could  have 
no  binding  force  in  law, — still  as  things  then 
were,  it  is  highly  probable  that  the  conven 
tion  thought  it  most  wise  not  to  complicate 
the  new  form  of  government,  by  meddling 
with  the  arrangement,  but  leave  it  to  be  car 
ried  out  or  not  as  the  people  of  the  respective 
States  might  decide,  as  had  been  the  case  in 
regard  to  most  other  Ordinances,  enacted  by 
the  Congress  of  the  Confederated  government, 
especially  as  any  attempt  to  extend  Federal 
jurisdiction  over  the  territories  at  that  mo 
ment,  might  place  still  another  weapon  than 
the  one  just  hinted  at  in  the  hands  of  the  op- 
posers  of  the  Constitutional  form  of  govern 
ment  the  convention  was  aiming  to  establish. 
At  that  period  there  were  many  honest 
and  strong  minded  men  in  the  country  who 
put  forth  all  their  energies  in  opposition  to 
the  proposed  form  of  government,  on  the 
ground  that  it  would  be  apt  to  encroach  up 
on  the  sovereignty  of  the  separate  States,  aud 
finally  absorb  all  power.  "  The  advocates  of 
this  doctrine  (says  Story)  predicted  with  con 
fidence,  that  a  government  so  organized  would 
soon  become  corrupt  and  tyrannical  and  ab 
sorb  the  legislative,  executive  and  judicial 
powers  of  the  several  States,  and  produce 
from  their  ruins,  one  consolidated  govern 
ment,  which  from  the  nature  of  things,  would 
be  an  iron-handed  despotism.  Uniform  ex 
perience  (it  was  said)  had  demonstrated  that 
a  very  extensive  territory  cannot  be  governed  j 
on  the  principles  of  freedom  otherwise  than 
a  confederacy  of  republics,  possessing  all  the 
powers  of  internal  government,  but  united  in 
the  management  of  their  general  and  foreign 
concerns !  Indeed  any  scheme  of  a  general 
government,  however  guarded,  appeared  to 
some  minds  (which  possessed  the  public  con 
fidence)  so  entirely  impracticable,  by  reason 
of  the  extensive  territory  of  the  United  States, 
that  they  did  not  hesitate  to  declare  their 
opinion,  that  it  would  be  destructive  to  the 
civil  liberty  of  the  citizens." 

When  we  reflect  that  at  that  period,  at  least 
one  half  of  the  area  lying  within  the  bounda 
ries  of  the  United  States,  was  in  tlie  condition 
of  disorganized  territories,  it  will  require  no 
effort  of  the  mind  to  -conceive  what  a  potent 
weapon  for  mischief,  the  framers  of  the  Con 
stitution  would  have  placed  in  the  hands  of 
its  opposers,  by  conferring  on  the  General 
government  a  positive  jurisdiction  over  these 
territories,  at  the  «ame  time  it  was  invested 
with  a  discretionary  power  in  regard  to  ad 
mitting  them  into  the  Union  as  States.  There 
can  be  scarce  a  doubt  but  that  such  a  pro 
cedure  would  have  defeated  the  ratification 
of  the  Constitution  altogether. 

Besides  this  it  was  very  important  that  the 
unappropriated  land  within  these  territories, 


should  be  surrendered  by  the  respective  State8 
within  whose  chartered  limits  it  lay,  to 
the  General  government,  for  the  purposes 
of  revenue  to  be  derived  from  its  sale. 
Virginia,  New  York,  and  some  other  Stales 
(as  before  said)  had  already  made  large  ces 
sions  of  the  kind, — but  there  were  still  vast 
tracts  retained  by  the  same,  and  other  States, 
which  it  was  of  the  utmost  consequence  to 
the  public  welfare,  should  be  also  conveyed 
to  the  General  government.  The  extension 
of  federal  jurisdiction  over  these  territories, 
would  most  likely  have  added  another  serious 
hindrance  to  their  transfer  to  those  already 
existing  ;  and  thereby  caused  great  inconve 
nience  to  the  General  government,  even  if 
such  a  procedure  should  not  altogether  defeat 
its  establishment. 

Take  for  instance  the  case  of  North  Caroli 
na.  This  State  we  know  did  not  ratify  the 
Constitution  until  some  time  after  the 
Constitutional  government  was  organized. — 
Its  territory  extended  from  the  Atlantic  to 
the  Mississippi.  Thus  for  a  period  of  twelve 
months  after  the  assembling  of  the  first  Con 
gress,  under  the  Constitution,  the  "  United 
States  of  America"  was  divided  into  ttto  dis 
tinct  parts  ;  South  Carolina  and  Georgia  be 
ing  separated  from  the  remainder  of  the  Stales, 
by  a  strip  of  land  of  an  average  width  of  more 
than  an  hundred  miles,  including  North. 
Carolina,  and  the  territory  then  belonging 
thereto,  now  comprehended  in  the  State  of 
Tennessee. 

This  territory  had  not  as  yet  been  conveyed 
by  North  Carolina  to  the  General  govern 
ment,  nor  was  it  until  the  early  part  of  1790, 
when  it  was  ceded  to  the  United  States  for 
the  same  purposes,  and  on  nearly  the  same 
conditions,  as  was  that  lying  to  the  north 
west  of  the  Ohio  by  Virginia,  with  howev 
er  the  striking  exception  that  instead  of  ex 
cluding  slavery  from  the  said  territory  as  it 
was  enacted  in  the  OrdinancS  of  '87,  the 
territory  parted  with  by  North  Carolina  is  ce 
ded  on  the  express  condtion,  "That  no  regu 
lation  made  or  to  be  made  (therein)  by  Con 
gress,  shall  tend  to  emancipate  slaves."  And 
it  is  farther  stipulated  in  the  articles  of  ces 
sion  "  that  the  laws  in  force  and  use  in  the 
State  of  North  Carolina,  at  the  time  of  pass 
ing  this  act,  shall  be,  and  continue  in  full 
force  in  the  territory'  hereby  ceded,  until  the 
same  shall  be  repealed,  or  otherwise  altered  by 
the  legislative  authority  of  said  territory." 

Here  it  is  made  manifest  that  North  Caro 
lina,  which  has  ever  stood  pie-emineut  as  a 
pattern  republican  State,  was  so  jealous  of  the 
authority,  or  the  usurpations  of  the  Federal 
government, — notwithstanding  the  Constitu 
tion  confers  on  it  no  civil  jurisdiction  over 
the  people  of  the  territories;  that  in  making 
the  cession  it  is  not  only  stipulated  that  the 
Inw  making  power  shall  reside  and  be  con 
tinued  in  the  hands  of  the  peaple  of  the  ced 
ed  territory,  but  that  the  general  government 


in  the  exercise  of  their  constitutional  right  to 
make  "  needful  regulations  "  for  the  disposal 
of  territory,  shall  make  "no  regulation"  that 
"shall  tend  to  emancipate  slaves." 

But  it  is  unnecesary,  it  is  even  unsafe,  to 
attempt  to  pry  too  closely  into  the  motives 
that  induced  the  framcrs  of  the  Constitution, 
or  the  people  who  ratified  it,  to  withhold  from 
Congress  the  law  making  power  over  the  peo 
ple  in  the  territories  of  the  United  States. 
It  is  enough  that  nothing  in  the  plain  mean-  | 
ing  common  sense  construction  of  its  text 
conveys  any  such  power  ;  a  power  that  if  in 
tended  to  be  conveyed  at  all  was  certainly  of 
sufficient  importance,  to  be  definitely  express 
ed  and  not  left  to  be  inferred  by  dubious  im 
plication. 

To  assert  that  the  power  is  inherent  in  the  ! 
General  government,  as  aright  of  sovereignty  j 
in  common  with  other  nations  of  the  earth,  ! 
strikes  at  the  very  foundation  of  the  princi-  j 
pies,  upon  which  our  Union  stands.  For  the  j 
management  of  its  internal  concerns,  at  least,  \ 
the  Federal  government  can  claim  no  author-  ! 
ity  for  its  public  acts  from  any  precedent  or  j 
source  whatever,  save  from  what  is  conferred  : 
in  the  Constitution  of  the  United  States,  much  j 
less  from  the  practices  of  the  arbitrary  and  | 
despotic  kingdoms  of  the  earth  ;  the  theory  j 
of  whose  government,  instead  of  being  based  j 
on  the  "  inalienable  rights "  of  the  people,  | 
are  mostly  derived  from  the  Devil  and  Priest-  j 
inculcated  doctrine  of  the  "  divine  right  of 
kings." 

If  we  seek  for  the  primary  cause,  the  first  I 
false  political  step  that  has  opened  a  door  for  j 
the  entrance  of  our  present  difficulties  and  : 
dangers,  we  may  probably  find  it  in  the  ac-  : 
quisition  of  the  Territory  of  Louisiana,  pur-  ! 
chased  of  France  in  1803. 

I  do  not  mean  to  be  understood  to  say  that  j 
our  troubles  have  necessarily  grown  out  of  i 
the  acquisition  of  the  territory  itself,  but  that  ; 
they  have  been  greatly  promoted  by  the  mode  I 
of  accomplishing  it.  Before  making  that  j 
purchase  the  Constitution  of  the  United  States 
should  liave  been  amended  to  meet  the  requi 
sition.  The  question  of  slavery  in  the  territo-  ! 
ries  would  most  probably  then  have  been  | 
brought  before  the  people  of  the  United  States  j 
and  settled  on  a  Constitutional  basis. 

This  is  the  course   that   should   have  been  j 
adopted,  and  this  is  the   course  that   would  ' 
have  been  pursued,   had    Thomas  Jefferson, 
who  then  filled  the  Presidential  chair,  inherited  \ 
the  firmness  of  either  of  his  predecessors   in  ! 
office.     Had  Jefferson  adhered   to    his   own  j 
convictions  of  duty,  his  signature  would  never  ( 
have  been  affixed  to  the  treaty  by  which  Lou-  i 
wiana  was  acquired,  until   a   new   clause  had 
been  inserted  in  the  Constitution  authorizing 
such  an  act,  and  ratified  by  the   people.     But 
slas  !  although  seeing,  knowing,  and  avowing 
the  right,  that  responsible  public  officer,  was 


nevertheless  weak  enough  to  suffer  his  mind 
to  be  swayed  from  its  better  judgment  and 
adopt  the  wrong.  He  signed  the  treaty,  pro 
testing  against  its  constitutionality  almost  at 
the  same  moment.  The  oath  that  greaJ 
statesman  had  taken  to  support  the  Constitu 
tion  of  the  United  States  was  disregarded, 
principle  was  deferred  to  expediency,  the 
constitution  was  trampled  under  foot  by  the 
highest  officer  of  the  nation,  and  we  are  now 
reaping  the  penalty  of  the  transgression  in  a* 
many  threatening  forms  of  evil  as  wan  ever 
poured  from  Pandora's  box  on  any  unfortu 
nate  people.  False  to  his  duty,  his  conscience 
and  his  oath,  if  Thomas  Jefferson  could  be 
permitted  again  to  be  here  and  behold  the 
consequences  that  have  accrued  to  his  country 
from  that  one  rash  act,  well  might  he  exclaim 
with  Cranmer,  "that  unworthy  hand,"  and 
with  the  martyr  lament  that  it  too,  had  no* 
perished  in  the  flames,  ere  it  had  affixed  hi* 
name  to  the  fatal  document. 

One  false  step  naturally  produces  another 
and  so  on  to  the  end  of  the  chapter.  Out^of 
this  territory  so  acquired  the  State  of  Louis 
iana  was  carved  and  admitted  into  the  Union 
in  1811.  Ten  years  more  had  not  passed 
when  the  new  State  of  Missouri  created  out 
of  a  part  of  the  same  territory,  came  knocking 
at  the  doors  of  Congress  for  admission  into 
the  Union  on  the  same  condition  as  the  State 
of  Louisiana  had  been  admitted ;  \'v/.  simply 
to  support  in  all  respects  the  Constitution  of 
the  United  States. 

But  the  boundaries  of  Missouri  encroached 
upon  the  latitude  of  the  North  West  territory, 
and  it  was  thought  expedient  by  northern 
members  of  Congress  that  slavery  should  be 
excluded  from  the  new  State.  Many  of  u* 
well  remember  how  the  Union  was  shaken  a* 
with  an  earthquake  in  the  disposal  of  ^that 
question.  The  new  State  was  finally  admitted 
with  all  the  sovreign  rights  enjoyed  by  other 
States  of  the  Union.  But  at  the  same  time 
by  what  is  called  the  "Missouri  Compromise*" 
Congress  unwisely  attempted  to  substitute  an 
act  of  its  own,  to"  fill  a  constitutional  require 
ment,  and  to  enact  that  Slavery  should  hence 
forth  be  excluded  from  all  territories  of  the 
United  States  lying  north  of  latitude  36  deg. 
30  min. 

We  have  seen  how  that  the  last  Congress 
under  the  Confederation,  had  included  in  the 
ordinance  of  1787  zfidion  called  a  compact,  by 
which  slavery  was  to  be  forever  excluded  from 
the  new  States  that  were  to  be  created  out  of 
the  north  west  territory,  and  that  this  ordi 
nance  including  the  fictitious  compact,  had 
been  re-enacted  by  the  first  Congress  that  as 
sembled  under  the  Constitution.  Up  to  the 
time  of  the  '"Missouri  Compromise,''  no  at 
tempt  I  believe  from  any  quarter  had  ever 


been  made  to   disturb  the  conditions  of  this  i 
compact ;  neither  was  there  ever  any  to   dis-  ! 
turb  the  conditions   imposed  on  Congress  by 
the  treaty  or  compact  which  that  body  subse- 

rently  entered  into  with  North  Carolina,  that 
very  should  not  be  excluded  or  interfered 
with  by  any  act  or  regulation  of  Congress 
within  the  limits  of  the  territory  ceded  to  the 
United  States  out  of  which  the  State  of  Ten 
nessee  has  since  been  formed.  Neither  have 
we  any  good  reason  to  suppose  that  any  at 
tempt  ever  would  have  been  made  to  disturb 
the  conditions  of  the  Missouri  Compromise, 
were  it  not  that  circumstances  that  I  have  be 
fore  alluded  to,  have  caused  the  question  of 
negro  slavery  to  assume  a  political  aspect  of 
paramount  importance,  in  the  view  of  the  peo 
ple  of  the  slave  holding  States. 

However  ill-founded  may  be  their  suspi- 
eions,  there  can  be  no  question  that  the  people 
of  the  slave  holding  states  really  believe  that 
there  exists  at  the  North  a  large  and  increas 
ing  party,  whose  hostility  to  the  institution  of 
negro  slavery  is  not  intended  to  stop  at  the 
boundaries  of  the  territories  belonging  to  the 
Union,  but  that  ultimately  it  contemplates  in 
vading  the  sovreignties  of  the  respective  States. 
In  this  aspect  of  things,  the  people  of  the  ( 
slave  holding  States  believe  that  the  only 
means  they  have  of  securing  their  constitu 
tional  rights  from  invasion,  is  by  maintaining 
an  equality  of  representation  with  the  non- 
slave  holding  States,  in  one  branch  of  Congress 
at,  least. 

Hence  when  in  addition  to  the  constantly 
increasing  anti-slavery  feeling  at  the  North, 
the  South  could  not  be  blind  to  the  fact  that 
the  population  of  that  section  of  the  Union 
was  also  increasing  in  a  vastly  greater  ratio 
than  was  that  of  their  own;  and  again,  that  a 
large  proportion  of  the  territories  of  the 
United  States  that  must  soon"  be  apportioned 
and  received  as  States  into  the  Union  lie  on 
the  side  of  the  parallel  of  36  deg.  30  min 
from  which  slavery  was  to  be  excluded  by  - 
law  of  Congress,  it  is  highly  probable  that 
when  southern  statesmen  contemplated  these 
acts,  that  they  were  led  to  re-examine  the 
character  of  the  Missouri  Compromise  with 
the  view  of  agitating  its  repeal.  I  know  not 
however  that  there  is  any  evidence  of  sufficient 
force  to  substantiate  this  point,  or  to  prove 
that  the  bill  introduced  by  Douglass  to  this 
effect,  cmcnated  from  Southern  (objective)  in 
fluences.  For  one,  I  have  always  felt  con 
vinced,  that  from  whatever  quarter  the  meas 
ure  may  have  ostensibly  originated,  it  was  in 
reality  brought  about  by  the  "insiduous  wiles" 
of  crafty  Jesuits  of  foreign  birth  and  allegiance, 
and  was  one  of  a  series  of  "artifices"  "covert 
ly"  concocted  by  that  freedom  hating  frater 
nity  at  nearly  the  same  period,  having  for 


their  object  the  distraction  and  division  of  the 
great  American  party,  which  had  so  suddenly 
arisen,  and  stood  like  a  giant  in  the  way 
of  the  "batteries"  which  the  Romish  Hier 
archy  has  for  some  years  past  been  "constantly 
and  actively,  though  covertly  and  insiduouslf 
directing  against  the  "palladium  of  our  politi 
cal  safety  and  prosperity"  and  which  American 
party  these  deadliest  foes  of  our  country  felt  it 
a  necessity  to  divide  into  sections  and  factions 
before  they  could  succeed  in  their  grand  de 
sign  of  "alienating  one  portion  of  our  country 
from  the  rest"  and  so  "enfeeble  the  sacred 
ties  that  now  bind  together  the  various  parts" 
as  to  enable  them  to  involve  the  two 
sections  of  the  Union  in  civil  war  and  finally 
in  irretrievable  ruin.  With  this  object  in 
view,  I  have  but  little  doubt  that  a  bird  of  the 
air  was  mysteriously  commissioned  to  whisper 
into  the  ear  of  Douglass  that  it  required  but  a 
union  of  the  slave  holders  and  the  Romish 
Hierarchy  to  elect  at  any  time  a  President  of 
the  United  States,  and  with  the  same  delphic 
voice  insinuate  to  the  ambitious  demagogue- 
how  he  himself  might  secure  the  tempting 
prize. 

The  correctness  of  this  view  subsequent 
events  has  seemed  to  confirm — especially  the 
laudation  and  panygeric  that  has  been  heaped 
upon  his  Jesuit  friends,  since  the  passage  of 
the  Nebraska  bill,  by  Douglass  in  some  of  his 
public  addresses. 

But  some  of  our  American  demagogues  it 
would  seem  have  yet  to  learn  the  fact,  that  in 
no  contingency  whatever,  is  it  possible  that 
a  brother  of  "the  Society  of  Jesus,"  can  ap 
proach  or  deal  with  one  not  of  their  corpora 
tion  in  good  faith. 

Should  the  present  occupant  of  the  Presi 
dential  chair  remain  docile  in  the  keeping  of 
the  Jesuit  "power  behind  their  winking  Ma 
donna"  and  continue  to  truckle  to  the  Avill  of 
those  ecclesiastical  directors  of  his  conscience. 
as  submissively  as  he  has  heretofore  done,  it 
is  highly  probable  that  such  representations  of 
his  fidelity  will  be  forwarded  to  the  General  of. 
the  Jesuit  College  at  Rome  as  will  insure  his 
being  selected  in  that  high  quarter  as  the  can 
didate  of  the  Church  for  the  Presidency  of 
the  United  States,  notwithstanding  any  in 
tangible  assurances  that  Douglass  may  fancy 
he  has  received  from  the  same  source.  Should 
this  be  the  case  the  nomination  of  Franklin 
Pierce  will  most  assuredly  be  endorsed  by 
the  Democratic  party,  for  the  reason  that  the 
leaders  of  that  party  are  at  present  irretriev 
ably  committed  to  the  domination  of  their 
Jesuit  colleagues,  and  must  so  remain  to  se 
cure  the  co-operation  of  the  Romish  Hier 
archy  in  the  next  election,  on  which  they 
know  full  well  that  their  only  chance  of  suc- 
cass  depends. 


Again,  should  the  American  party  continue 
to  permit  its  deadliest  foes  to  direct  its  meas 
ures  and  distract  its  councils,  its  southern 
wing,  through  the  pressure  of  the  more  im 
mediate  danger  that  seems  to  threaten  the 
domestic  institutions  of  the  South,  will  in  all 
probability,  be  driven  to  cast  its  vote  with  the 
democrats  for  the  Jesuit's  candidate.  The 
consolidated  vote  of  the  fifteen  slaveholding 
States,  joined  to  that  of  the  States  at  the 
North  and  West,  in  which  the  votes  of  the 
slaves  of  the  Roman  Hierarchy  can  be  used 
to  turn  the  scale  will  elect  a  President. 

Then  when  that  important  station  is  occupied 
by  an  automaton,  that  is  completely  enshroud 
ed  hi  a  mystical  net  of  Jesuit  weaving,  we 
may  look  out  for  the  commencement  in  ear 
nest  of  the  shedding  of  blood  in  civil  strife, 
but  not  before,  with  their  consent — mark  my 
word;  for  these  accomplished  conspirators 
and  assassins,  the  Jesuits,  know  full  well  the 
importance  of  first  making  themselves  entire 
masters  of  the  Commander-in-chief  of  the  army 
and  navy  of  the  United  States,  to  the  thor 
ough  fulfilment  of  their  plans. 

If  I  am  net  much  mistaken,  the  event  will 
prove  that  although  the  Jesuit  conspirators 
will  make  use  of  the  slave  holding  States  as 
stepping  stones  to  power,  they  will,  neverthe 
less  not  even  accord  to  them  the  poor  Cyclo 
pean  privilege  of  being  the  last  victim  de 
voured.  On  the  contrary,  their  aim  will  prob 
ably  be  to  promote  the  utter  ruin  of  the 
southern  portion  of  the  l§aion  first,  and  then 
through  the  tens  of  thousands  of  ways  that 
through  the  confessional  they  can  reach  the 
domestic  hearth  of  families,  and  by  means  of 
the  public  press,  a  great  proportion  of  which 
is  already  corrupted  and  working  in  their 
harness,  they  will  create  innumerable  factions 
at  the  North,  through  the  excesses  of  which, 
and  the  innumerable  outrages  and  assasinations 
that  they  themselves  will  cause  to  be  commit- 
tedl  by  their  secret  tools,  a  "reign  of  terror  g 
will  be  established,  and  in  the  prophetic,  warn 
ing  language  of  Washington,  as  expressed  in 
his  farewell  address  already  repeatedly  quoted 
from  by  "the  alternate  domination  of  one  fac 
tion  over  another,  sharpened  by  the  spirit  of 
revenge,  natural  to  party  dissentions,  which  in 
different  ages  and  countries  has  perpetrated 
the  most  horrid  enormities,"  and  by  "the  dis 
orders  and  miseries  that  result,  gradually  in 
cline  the  minds  of  men  to  seek  security  and 
repose  in  the  absolute  power  of  an  individual," 
and  "sooner  or  later"  thus  enable  "the  chief 
of  some  prevailing  faction  (the  Romish  most 
probably)  more  able  or  more  fortunate  than 
his  competitors,"  to  "turn  this  disposition  to 
the  purposes  of  his  own  elevation  on  the  ruins 
of  public  liberty"  and  by  a  coup  d'etat  such 
as  under  the  direction  of  the  Jesuit  priesthood 


i  elevated  Louis  Napoleon  to  the  throne  of 
France,  place  a  crown  on  the  head  of  a  Jesuit 
:  directed  Emperor  of  North  America,  and  thus 
!  not  only  stamp  the  farewell  warning  of  Wash- 
1  ington  with  the  impress  of  inspiration, — but, 
|  also  verify  the  clearly  expressed  prediction  of 
|  his  most  cherished  friend,  Lafayette,  so 
!  often  repeated  and  so  earnestly  dwelt  upon 
!  by  him  when  conversing  with  Americans,  "  IF 

THi;   LIBERTIES    OF   AMERICA    ARE    EVER    DE 
STROYED  IT  WILT,  BE   BY  ROMISH  PRIESTS !  " 

I  am  well  aware  that   many   readers  will 
!  treat  these  ill  expressed  forebodings,  as   little 
!  better  than  the  ravings  of  a  maniac,  but  nev 
ertheless  I  am  constrained  to  place  them  on 
record,     from    a    conviction^ that    long   and 
earnest  study  and  observation,  has  impressed 
I  on  my  mind,  that,   as   improbable  as   it  may 
i  seem  to  most  readers,  something  very  similar 
to  what  is  prognosticated  will  be  the  fate   of 
j  our  country  UNLESS,  not  only  a  majority,   but 
|  a  LARGE  majority  of  Native  Americans,  both 
{  North  and  South  will  consent  to   forego  their 
;  senseless  and  fruitless  animosity  on  the   sub 
ject  of  slavery  and  unite  in  the  cause  of  their 
common  country  and  of  mankind,  and  firmly 
!  resolve  that  neither  the  "batteries  nor  mach 
inations  of  either  internal  or  external  enemies, 
however  covertly  and  insiduously  directed," 
shall  prevail  with  their   consent  to  "  alienate 
any  portion  of  our  country  from  the  rest,  or 
enfeeble  the  sacred  ties  that  now  bind  together 
the  various  parts." 

More  particularly  would  I  plead  with  my 
fellow  citizens  of  my  native  State,  that  they 
should  one  and  all  arise  as  one  man,  and  with 
hold  from  mischief  as  in  a  grip  of  iron,  the  trai 
tors,  demagogues,  fanatics  and  misguided  men, 
who  are  laboring  to  infuse  into  our  minds  the 
spirit  of  discord,  and  under  the  color  of  freeing 
a  portion  of  the  people  of  this  Union  from  an 
unfortunate  bondage,  that  we  all  lament,  but 
which  we  cannot  constitutionally  prevent,  are 
urging  us  to  the  adoption  of  violent  and  un 
christian  measures  that  can  scarcely  fail  in  the 
end  if  persevered  in,  to  subject  us  all  to  a 
bondage  even  more  galling  to  the  spirits  of 
American  freeman  than  is  that  of  negro  slave 
ry  to  the  African  race.  Let  us  reflect  that 
the  very  houses  in  which  some  of  us  reside 
were  reared  by  our  forefathers  with  the  price 
of  Africa's  children  torn  ruthlessly  from  their 
country  and  their  homes,  and  that  if  the  roof 
trees  of  some  of  these  were  gifted  with  a 
tongue  to  speak  they  "could  a  tale  unfold"  of 
murders  and  outrages  enacted  on  our  fellow 
men  "whose  lightest  word  would  harrow  up 
the  soul"  and  pale  the  foulest  wrongs  that  are 
now  inflicted  on  the  hapless  race  in  any  State 
of  this  Union. 

"  If  ye  seek  to  shafa  off  your  allegiance  to 
Rome,  ye  Germans  !  (and  why  not  ye  Ameri- 


26 


cans,  as  well  ?)  WE  WILL  BRING  THINGS  TO  j  money  to  buy  with.     The  disposal  of  all  other 
SUCH  A  PASS,  that  ye  shall  unsheath  the  sword    qnestio'ns  is  left  with  the  settlers  themselves  : 

and  whatever  a  majority  of  these  ordain  in 
respect  to  any  of  those  things,  the  minority 
must  acquiesce  in. 

Such  were  the  germs  of  the  thirteen  little 
colonial  governments,  that  eventually  expand 
ed  into  states,  and  out  of  wh'ch  our  Union 


of  extermination  against  each  other,  and  per 
ish  in  your  own  blood!"  The  POPE'S  NUN 
CIO  to  the  Germans. — D'Jlubigne. 

Whether  the  South  is,  or  is  not  responsi 
ble  for  the  origen  of  the  Nebraska  and  Kan 
sas  bill,  it  is  certain  that  it  could  not  have  been 


caused  without  the  aid  of  Northern  votes,  j  was  formed  ; — and  it  is  precisely  such  states 
and  on  these  should  the  responsibility  of-  its  |  as  these,  that  the  Constitution  contemplates 
passage  rest ;  for  how  can  we  reasonably  ex-  ;  shall  be  added  to  tins  Union  ;  states  in  which 
pect  that  Southern  members  should  vote  |  the  people  themselves,  "  Do  ORDAIN  AND  ES- 
against  a  bill  that  affirmed  a  constitutional  j  TABLISH  "  their  own  laws.  That  is  the  great 
dogma,  that  thfy  had  always  contended  for,  !  principle  that  Americans  contended  for  in  the 
when  it  was  introduced  into  Congress  by  a  war  of  the  revolution,  and  that  is  the  great 

principle  that  is  most  prominently  set  forth  in 


the  preamble  of  the  Constitution,  and  recog- 


Northern  man,   and   sustained  by  Northern 
votes. 

There  were  probably  as  many  Northern  |  nized  in  every  sentence  that  follows  it. 
members  of  Congress  who  voted  for  the  pas-  |  Whatever,  person  establishes  himself  on 
sage  of  the  Nebraska  bill  as  there  were  who  j  territory  or  land  purchased  of  the  United 
voted  for  the  Missouri  compromise.  Both  !  States,  must  depend  solely  on  the  laws  he 
bills  were  mainly  carried  by  Southern  votes ;  }  finds  there  already  instituted,  or  which  he 
with  members  of  that  section  one  was  regard-  I  may  himself,  assist  in  ordaining  after  his  ar- 
ed  as  a  question  of  expediency,  the  other  of  j  rival,  for  the  protection  of  all  goods,  chattels, 
principle.  Having  asserted  this  principle  in  I  and  things  he  may  claim  as  his  own,  whether 
the  passage  of  the  Nebraska  bill  the  South  these  be  houses  or  merchandise,  men,  or  ani- 
seemed  content,  and  disposed  to  permit  things  j  mals.  For  on  the  broad  and  distinct  princi- 
to  take  their  natural  conrse.  Had  the  North  j  ple,  which  the  Declaration  of  our  Independ- 
prudently  adhered  to  the  same  line  of  conduct,  ence  emphatically  puts  forth,  and  which  is 
all  might  yet  have  been  well.  In  that  case  i  recognized  in  the  preamble  to  the  Constitu- 
emigration*  to  Kanzas,  like  true  "charity,"  j  tion,  it  is  the  inalienable  right  of  the  people 
would  not  have  been  "  strained."  A  com-  ;  to  institute  their  own  government,  "  in  such 
munily  would  have  there  established  them-  \  form  as  to  them  shall  seem  most  likely  to  ef- 
selves,  unquestionably  mostly  from  the  North-  |  feet  their  safety  anc^fiappiness." 
ern  states,  and  quickly  formed  themselves  into  •  Over  the  people  of  these  territories,  the 
a  body  politic,  as  did  the  little  communities  J  United  States  has  no  constitutional  right  to 
that  first  emigrated  to  this  country  from  Eu-  i  exercise  any  jurisdiction  whatever,  neither  has 
rope.  Like  these,  too,  if  left  undisturbed  by  j  it  any  right  to  require  of  them  the  surrender 
the  general  government,  they  would  have  in-  i  of  fugitives  from  justice,  or  from  service, 
stituted  all  laws  and  regulations  necessary  and  !  except  by  especial  treaty,  as  in  the  case  of 
proper  for  the  government  of  their  infant  i  foreign  nations.  As  before  said,  it  is  only 
State.  Over  these  neither  the  respective  where  the  people  of  the  territory  apply  to  be 
State  Governments,  nor  the  Federal  Gov-  '  admitted  into  the  Union  as  a  State,  and  are 
ernment  ought  to  exercise  any  control,  so  i  received,  that  the  laws  of  the  United  States 
long  as  they  did  not  hinder  the  latter  in  "  dis-  !  can  be  legally  extended  over  them, 
posing  "  of  the  territory,  or  LAND,  (as  the  !  Neither  is  the  General  Government  author- 
term  was  formerly  used  to  imply)  belonging  j  ised  to  compel  the  people  of  a  territory  to 
to  the  United  States,  nor  trespass  on  the  i  apply  for  admission  as  a  State.  The  Consti- 
same.  tution  says  that  Congress  may  admit  new 

There  is  nothing  in  the  Constitution  of  the  |  states,  it  does  not  say  that  it  shall.  By  parity 
United  States,  that  goes  to  prohibit  any  class  j  of  reasoning  then,  a  State  may  apply  for  ad- 
of  persons,  whatever,  from  purchasing  land  of  j  mission,  but  nothing  in  the  Constitution  either 
the  Government.  When  once  put  in  market,  j  asserts  or  implies  that  it  shall.  The  idea  of 
this  is  open  to  all  who  have  money  to  buy  |  coercion  is  alike  foreign  to  the  fundamental 
with,  whether  Christian  or  Jew, — whether 
Turk  or  Pagan,  slaveholder  or  non-slave 
holder.  When  a  purchaser  presents  himself 


principles  on  which  the  government  of  the 
United  States  is  founded,  and  to  the  views  en 
tertained  on  the  subject  by  the  framers  of  the 


at  the  land  office,  he  is  not  to  be  queried  with  I  Constitution  and  of  our  forefathers. 

whether  he  has  one  wife,  or  four,  whether  he  As  no  coercion  to  induce  states  formed  out 

of  the  territory  of  the  United  States  is  con 
templated  in  the  Constitution,  so  neither  is  it 
needed.  Whoever  will  studv  minutely  the 


intends  to  improve  his  new  domain  with  slaves. 
or  free  labor,  whether  he  worships  God,  or 
Mammon ;— but  simply  whether  he  has  the 


27 


progress  of  events  in  this  favored  land,  can-  ! 
not  foil  to  perceive  that  they  have  ever  been  '• 
controlled,  and  guided  in  one  direction,  doubt-  j 
less  for  some  good  purpose,  by  the  spirit  of  un-  j 
erring  wisdom.  The  great  wave  of  emigra 
tion  that  sets  to  our  shores,  bearing  on  its  bo 
som  the  crudities  of  Europe,  finds  its  level 
befo.e  it  reaches  the  territories.  The  hardy 
pioneers  of  the  wilderness,  are  ever  of  the 
Yankee  breed,  with  whom  the  formation  of 
u  government  based  on  tha  principles  of  the 
Xtars  and  Stripes  is  an  insurmountable  in 
stinct  of  nature.  Drop  a  dozen  of  such  men 
in  the  midst  of  a  howling  wilderness,  and  they 
will  scarcely  feel  themselves  on  their  feet,  be 
fore  we  shall  find  them  assembled  in  town 
r.id't.'itg,  and  engaged  in  digesting  a  plan  of 
government.  And  who  does  not  know,  that 
such  men  are  better  qualified  to  institute  a 
practical  form  of  government,  based  upon 
the  "  inalienable  rights  of  man,"  not  only 
for  the  government  of  a  score  of  individuals. 
but  of  as  many  millions,  than  are  all  the 
learned  savans  of  Europe.  To  attempt  to 
force  a  state  so  formed,  into  the  Union,  would 
be  like  attempting  to  drive  by  violence  a  man 
•into  his  own  house,  or  to  attempt  to  exclude 
it  would  be  tantamount  to  compelling  him 
against  his  will,  to  stay  outside  of  his  own 
door.  In  either  case  he  would  be  sure  to 
rebel. 

The  attempt  by  Northern  men,  to  prema 
turely  force  into  "Kansas  a  body  of  emigrants 
for  the  purpose  of  carrying  into  effect  a  "  fore 
gone  political  conclusion,"  is  factious  in  its 
character,  and  utterly  at  variance  with  the 
sentiments  of  compromise,  and  conciliation, 
that  held  sway  in  the  breasts  of  Washington 
and  the  other  great  men  who  with  him  framed 
the  articles  of  the  Constitution.  Whilst  no 
explanation  or  apology  whatever  can  atone 
for  the  atrocious  invasion  of  that  territory  by 
the  border  ruffians  of  the  State  of  Missouri, 
it  is  too  evident  that  such  an  event  is  but  a 
legitimate  consequence  of  the  course  pursued 
by  the  class  of  men  at  the  North  referred  to, 
who  seem  gifted  by  nature  with  "  all  manner 
of  sense  except  common  sense"  A  glance  at 
almost  any  Northern  journal,  will  reveal  to  us 
the  fact,  that  the  conductors  of  the  "  Emi 
grant  Aid  Society "  in  all  their  movements, 
seem  to  have  regarded  the  slave-holding 
Stites,  in  the  light  of  a  lethargic  monster,  on 
whose  very  back  they  might  heap  coals  of 
fire  with  impunity.  Neither  did  the  people 
of  the  South  manifest  much  disposition  to  op 
pose  the  Northern  movement  alluded  to,  un 
til  they  had  been  goaded  to  madness,  by  a 
constant,  ever  flowing  stream  of  abuse,  poured 
upon  their  heads  by  the  Northern  press  and 
by  the  reiterated  boasts  that  were  made  in  its 
v/idely  circulated  columns,  that  the  plans  of 


the  North  in  regard  to  excluding  slavery  from 
Kansas  would  certainly  succeed,  in  spite  of 
all  that  ,could  be  done  by  the  South  to  pre 
vent  it.  Thus  insulted,  taunted  and  as  it  were 
spit  upon,  the  "  lethargic  monster  "  at  length 
aroused  itself,  and  proved  to  these  Northern 
factionists,  that  their  game  was  one  that  two 
could  play  it. 

And  where  are  we  now  ?  Each  party  is 
faiily  on  its  feet,  and  mustering  its  forces,  to 
decide  the  question  in  the  battle-field  :  while 
a  weak  and  inefficient  President  of  the  Na 
tion,  whose  duty  it  was,  and  still  is,  to  nip  the 
threatened  collision  iu  its  bud,  by  shielding  as 
he  is  constitutionally  bound  to  do,  the  people 
of  Kansas  from  the  Missouri  and  other  hos 
tile  invasions,  lies  bound  in  mysterious  chains, 
unable  or  unwilling  to  lift  his  hand  or  his 
voice,  to  stay  the  dogs  of  war,  that  such 
Jesuit  and  JEJUJTESS  directed  traitors  as 
Greelcy  are  straining  every  nerve  to  congre 
gate  in  martial  array,  and  to  precipitate  on 
Kansas  with  the  avowed  object  of  drenching 
its  soil  with  American  blood. 

It  is  such  traitors  as  this  same  Horace 
Greeley,  and  their  Jesuit  colleagues,  and  direc 
tors,  that  the  American  party  should  watch 
with  unslumbering  eyes,  and  make  to  feel  that 
they  will  be  held  responsible  for  every  drop  of 
blood  that  may  flow  in  the  approaching  com 
bat  they  are  laboring  to  excite  between  the 
North  and  tbe  South.  (Let  but  the  Jesuit 
prieethood  of  Home,  and  their  tools,  be  as 
sured,  of  this,  and  there  will  be  no  civil  war.) 
Step  by  step  the  measures  hav J  been  agitated, 
conducted,  and  perfected,  by  these  emissa 
ries  of  Satan,  that  have  led  (and  designedly 
led)  to  the  "necessity"  that  they  now  tell 
us  exists,  for  the  North  to  rise  in  mass,  and 
j  defend  the  rights  of  the  people  of-  Kansas  by 
j  force  of  arms. 

Well,  if  such  a  necessity  really  does  exist, 
j  why  do  not  these  Jesuits,  'Editors,  and  dema- 
|  gogues,  these  Hughe*,  Greeleys,  and  Sewards, 
i  who  so  clearly  appreciate  the  necessity,  form 
|  themselves  .at  once  into  a  legion,  and  under 
I  the  banntr.of  their  sulphuric  master,  rush  to 
i  the  rescue  ?     Why  all  this  delay  ?     Is  their 
I  blood  purer  than  that  of  other  men  ?     Are 
i  their  lives  more  dear  to  them,  or  more  valua- 
i  ble  to  the  nation?     On  the  contrary,  in  my 
opinion,  there  is  no  class  in  the  community 
whose  absence  would  cause  so  little  inconve 
nience  !     Let  the  traitorous  band  then  be  or 
ganised  at  once  and  march  to  Kansas!     Let 
the  t\vo  rabid  hosts  of  Anti  and  Pro-slavery 
men  who  are  now  mutually  urging  the  nation 
to  war,  there  decide  the  great  questien  of  free 
dom  or  slavery  on   the  battle  field,  between 
themselves,  and  if  the  "necessity"  requires 
no   more  blood   to  flow  than   what   courses 
^hrough   their  traitorous   veins,  I  think  that 


the  nation  ut  large  will  have  but  little  cause  to 
mourn. 

If,  as  I  have  before  asserted,  the  Federal 
government  cannot,  constitutionally  exercise 
any  civil  jurisdiction  over  the  people  of  the 
territories,  then  neither  the  act  of  Congress 
approved  Feb.  12,  1793,  entitled  "an  ad  re 
specting  fugitives  from  justice,  and  persons 
escaping  from  the  service  of  their  masters" 
nor  the  act  of  Congress  approved  Sept.  18, 
1850  supplemental  thereto,  can  be  constitu 
tionally  carried  into  effect  within  the  limits  of 
any  of  the  said  territories  of  the  United  States. 
Niether  can  the  people  of  the  territories  avail 
themselves  of  its  provisions  to  recover  fugi 
tives  from  service,  when  these  have  taken 
refuge  in  any  of  the  States  of  the  Union. — 
The  only  remedy  in  both  cases  is  by  special 
treaty. 

In  fact,  I  cannot  conceive  how  it  is  possible 
to  reconcile  either  of  these  public  acts  with 
the  Constitution  of  the  United  States,  although 
I  grant  that  their  practical  operation  may  be 
the  same  so  far  as  regards  the  States,  as  that 
contemplated  in  that  instrument. 

The  section  of  the  Constitution  which  com 
pels  the  surrender  of  fugitive  slaves,  partakes 
of  the  character  of  a  compact,  in  which  each 
respective  State  stipulates  to  surrender  on 
certain  conditions  fugitives  from  justice  and 
also  fugitives  from  service  ;  upon  demand  in 
the  first  instance,  of  the  "Executive  authori 
ty  of  the  State,"  from  whence  the  fugitive  has 
fled,  and  in  the  other,  upon  "  claim  of  the 
party  to  whom  such  service  or  labor  may  be 
due."  And  it  would  seem  plain  to  an  ordina 
ry  understanding,  that  the  general  Govern-1 
ment  can  have  no  Constitutional  right  to  in 
terfere  in  one  of  these  cases  more  than  in  the 
other,  until  a  State  shall  refuse  to  comply 
with  the  "demand"  or  "claim"  as  the  case 
may  be.  Then  it  is  true,  but  not  until  then, 
the  federal  government  may  rightfully  inter 
pose  its  authority,  and  compel  such  delinquent 
btate  to  obey  a  provision  of  the  Constitution 
which  its  every  officer  and  legislator  has 
sworn  to  support. 

All  thinking  men  must  admit,  I  believe, 
that  the  "fugitive  slave  act"  (so  called)  has 
no  practical  effect  for  good.  For  one,  from 
its  passage,  I  have  felt  convinced  that  it  could 
never  to  any  great  extent  be  enforced  in  the 
northern  States.  However  constitutional  may 
be  its  provisions,  there  is  something,  not  only 
in  the  northern  mind,  but  in  the  minds  of  in 
telligent  men  generally,  that  will  forever  war 
with  some  of  its  requirements  however  just 
may  be  its  objects. 

God  has  implanted  in  the  breast  of  every 
human  being  an  instinct  or  a  principle,  that 
ever  disposes  a  man  who  is  a  man  to  take  the 
part  of  a  fellow  creature  who  appeals  to  him 


for  protection.  And  preserve  me,  I  say,  from 
coming  in  contact  with  that  man  in  whose 
bosom  this  principle  is  dead.  He  is  a  brute, 
yea,  lower  than  a  brute,  for  even  brutes  ac 
knowledge  it. 

I  would  not  under  some  circumstances,  aid 
even  the  owner  of  a  noble  brute  in  recovering 
his  property.  Nay  more,  I  believe  that  most 
men  would  at  times  find  it  difficult  to  resist 
even  the  mute  appeals  of  the  meanest  brutes. 
Whilst  engaged  in  warm  pursuit  of  the  very 
vermin  of  the  field,  when  I  have  beheld  a  poor 
creature,  after  exhausting  every  other  resource 
that  seemed  to  offer  a  chance  of  escape  from 
the  pursuing  dogs,  at  length,  with  quivering 
eye,  and  panting  heart,  and  trembling  limb, 
turn  to  me  for  protection,  I  have  respected 
the  instinct  that  prompted  the  appeal,  and  let 
the  little  plunderer  live. 

Whilst  I  would  not  meanly  attempt  to  shel 
ter  myself  under  the  protection  of  law,  as  a 
shield"  from  the  consequences  of  its  violation. 
I  confess  that  no  human  law  could  compel  me 
to  aid  in  arresting  and  returning  to  servitude, 
a  fellow  creature  against  whom  no  offence 
was  alleged  save  a  desire  of  liberty.  The  law 
may  be  satisfied  by  willingly  undergoing  its 
penalty,  as  fully  as  by  compliance.  In  such  ,1 
case  I  should  choose  the  former.  I  would  not 
rebel,  I  would  consent  to  suffer.  Both  the 
law,  and  my  own  conscience  would  then  be 
satisfied,  and  the  public  peace  would  not  be 
disturbed. 

I  do  not  believe  tfiat  there  is  one  intelli 
gent  slaveholder  in  ten  throughout  the  whole 
southern  States,  who  would  (unless  officially) 
personally  aid  in  returning  a  fugitive  slave  to 
his  master,  against  the  slave's  consent.  I 
know  that  Henry  Clay,  the  originator  of  the 
"Fugitive  Slave  Act"  would  not,  for  he  as 
sured  me  so  himself,  whilst  that  act  was  pend- 

I  believe  that  Henry  Clay  was  as  great  a 
statesman  and  as  true  a  patriot,  as  ever  drev, 
breath  in  America.  I  believe  that  under  the 
trying  circumstances,  he  honestly  believed  that 
the  "Fugitive  Slave  Act"  was  the  best  practi 
cal  measure  that  Congress  could  adopt  to  al 
lay  the  agitation  then  existing.  But  if  even 
the  originator — the  father  (as  it  were)  of  the 
law  could  not  himself  comply  with  some  of 
its  provisions,  how  is  it  to  be  expected  that 
other  men  can  ?  The  thing  is  impossible  ; 
the  people  of  the  South  should  spare  us  ir< 
this. 

There  is  a  beautiful  idea  embodied  in  the 
sentence  the  Athenians  passed  upon  the  man 
who  had  taken  the  life  of  a  dove  that  had 
flown  to  him  for  protection,  when  pursued  by 
a  hawk.  "Let  him  be  put  to  death"  said  that 
capricious,  but  discerning  people,  "for  the 
man  who  is  capable  of  committing  such  an  act 


cannot  possibly  be  a  good  citizen  of  the  State." 
Even  so  I  say,  that  the  man  who  can  delib 
erately  betray  to  his  pursuers  a  poor  wretch 
fleeing  not  from  the  penalty  due  to  crime,  but 
from  servitude  merely,  und'er  the  promptings 
of  that  love  of  liberty  that  is  implanted  in  the 
nature  of  every  creature  that  breathes,  cannot 
possibly  be  a  good  citizen  of  the  State.  Such 
an  act  is  strictly  forbidden,  even  in  the  code 
of  laws,  the  first  instituted  on  record,  and 
which  was  established  and  ordained  for  the 
guidance  and  government  of  a  people  who 
were  but  just  emerging  from  a  state  of  bar 
barism.  "  Thou  shalt  not  deliver  unto  his 
master  the  servant  which  is  escaped  from  his 
master  unto  thee/' — Deut.  23c  :  15v. 

For  one,  I  should  rejoice  to  see  a  law  en 
acted  by  Congress,  appropriating  an  unlimited 
amount  of  money,  yea  to  the  amount  of  hund 
reds  of  millions  if  necessary,  for  the  purpose 
of  reimbursing  to  a  certain  extent  the  owners 
of  fugitive  slaves.  If  upon  satisfactory  evi 
dence  of  ownership,  two-thirds  of  the  real 
value  of  such  fugitives  were  to  be  paid  to  the 
claimant  out  of  the  United  States  treasury,  and 
the  slave  then  be  allowed  to  go  free,  thousands 
of  fugitives  from  servitude  would  be  reclaimed 
where  there  is  now  one.  Every  honest  man 
at  the  North,  would  then  be  willing  to  assist 
the  people  of  the  South  in  recovering  their 
property  ;  and  thus  the  pecuniary  interests  of 
that  section  of  the  Union  would  be  greatly 
promoted  by  the  same  law  that  would  promote 
the  peace  of  the  whole  country. 

An  institution  like  negro  slavery,  that  has 
for  centuries  been  interweaving  its  fibers  deep 
into  the  heart  of  our  social  and  poh'tlcal  fab 
ric,  is  not  to  be  uprooted  in  a  day.  Neither 
can  it  be  abolished  by  convulsive  action,  with 
out  danger  of  entailing  far  greater  evils  than 
would  be  removed.  The  people  of  the  North 
understand  but  little  of  the  relations  that  exist 
between  master  and  slave.  Tfcey  are  illy  qual 
ified  to  act  on  the  subject.  The  management 
of  the  whole  question  should  be  left  with  the 
people  where  it  exists,  and  with  whom  the 
Constitution  of  the  United  States  has  left  it. 

If  the  North  would  in  good  faith,  honestly 
abstain  from  interfering  in  the  matter,  a  new 
order  of  things  would  quickly  be  exhibited  at 
the  South,  Public  sentiment  there,  would 
then  soon  again  assume  a  healthy  aspect,  and 
no  longer  be  unnaturally  excited  and  irritated 
into  blindness.  Thousands  and  tens  of  thou 
sands  of  men,  would  then  and  there  start  up 
as  advocates  for  negro  freedom,  whom  circum 
stances  now  oblige  to  remain  silent  or  who 
feel  compelled  to  join  in  pro  slavery  measures 
as  a  means  of  protection  against  the  ill-judged 
and  impertinent  action  of  the  North.  Then 
a^  period  might  quickly  approach,  when  the 
aid  of  the  general  government  could  harmo 


niously  and  beneficially  be  exerted,  to  favor 
the  gradual  extinction  of  the  system,  by  aiding 
States  and  individuals  to  colonize  with  their 
own  consent,  colored  persons  already  free,  or 
who  may  become  so,  in  Africit.  I  know  that 
this  was' the  plan  looked  forward  to  by  Mr. 
Clay,  who  never  expected  more  of  the  "fugi 
tive  slave  act"  than  that  it  should  allay  public 
excitement  for  a  season,  and  until  more  radi 
cal  action  could  be  taken  by  Congress  on  the 
subject.  This  was  the  plan  which  lay  nearest 
the  heart  of  that  great  statesman,  as  a  means 
of  assisting  to  remove  slavery  from  the  .States 
of  this  Union.  So  much  importance  did  Mr. 
Clay  attach  to  this  line  of  policy,  that  he  se 
riously  declared  but  a  few  months  previous  to 
his  death,  his  deliberate  intention  to  close  hia 
political  life,  by  a  last  effort  to  obtain  the  pas 
sage  of  an  act  by  Congress  for  the  establish 
ment  of  a  regular  communication  between  the 
United  States  and  Liberia,  coupled  with  an 
appropriation  of  public  money  sufficient  to 
insure  to  every  free  person  of  color  who  emi 
grated  hence  to  that  Republic,  a  suitable  pro 
vision  for  the  object.  But  alas,  the  stern  mes 
senger  of  death  forbade  the  accomplishment 
of  the  act. 

Hod-carriers  may  readily  demolish  a  struc 
ture  that  skillful  architects  only  can  rebuild. 
It  would  be  well  for  the  rabid  opponents  of 
negro  slavery  to  reflect  upon  the  evils  that 
may  flow  from  to  sudden  an  overthrow  of  that 
institution,  as  well  as  upon  those  already  ex 
isting  in  consequence  of  its  continuance. — 
What,  let  them  ask,  is  to  be  the  position  the 
j  colored  man  is  to  occupy  in  this  Union  in  such 
an  event  ?  Is  it  possible  that  after  a  forcible 
disruption, of  the  ties  of  master  and  slave,  the 
two  races  should  blend  harmoniously  at  the 
South  ?  Or  are  we  sure  that  the  people  of 
the  North  may  not  feel  the  presence  of  the 
latter  amongst 'them  too  burdensome  to  be 
borne. 

If  official  returns  are  to  be  relied  upon, 
such  are  the  hardships  and  privations  already 
entailed  upon  the  blacks  at  the  North,  that  it 
requires  a  constant  stream  of  emigration  from 
the  South,  to  keep  the  race  from  becoming 
extinct  in  our  section  of  the  Union. 

Instead  then,  of  moving  heaven  and  earth, 
as  it  were,  in  the  cause  of  negro  emancipation, 
would  it  not  be*  well,  as  I  have  before  hinted, 
that  abolition  philanthropists  at  the  North 
should  first  do  something  for  the  cause  of  hu 
manity  a  little  nearer  home.  Let  them  begin 
by  instituting  a  thorough  examination  into 
the  condition  of  such  of  the  colored  people 
as  already  exist  among  us,  and  endeavor  to 
bring  to  light  some  of  the  hidden  circumstan 
ces  that  cause  so  large  a  proportion  of  that 
race — when  compared  with  other  Americans — 
to  be  consigned  to  our  prisons  and  houses  of 


correction,  and  that  prevents  it  from  fulfilling 
the  great  law  of  nature,  to  "  increase  and 
multiply." 

When  this  labor  is  satisfactorily  accomplish-  | 
ed  and  effectual  remedies  applied,  do  not  be 
in  haste  to  resume  operations  abroad,  but 
again  examine  the  ground  nearer  home.  If 
the  spirit  becomes  restive  in  contemplation  of 
the  cruelties  and  hardships  inflicted  on  the 
slave  at  the  South,  let  its  fury  be  expended 
on  such  objects,  as  the  northern  man  who 
urges  beyond  his  strength  his  overdriven  or 
his  overworked  horse  5  or  on  him  who  occa 
sionally  blackens  the  eye  of  his  wife,  or  knocks 
over  his  own  child.  Let  the  philanthropist 
reflect  that  such  are  the  description  of  men 
who  would,  were  their  lot  cast  at  the  South, 
overwork  and  abuse,  or  when  infuriated  with 
passion  or  rum,  perhaps  maim  or  kill  their 
slaves. 

^  Again,  when  these  far  looking  philanthro 
pists,  chance  to  see  some  young  barbarian  tor 
turing  flies,  or  robbing  a  poor  bird  of  its  young, 
or  casting  stones  at  a  passing  dog  or  cat, — let 
them  reflect  that  of  such  untutored  embryos, 
men  are  formed,  who  whether  they  exist  at 
the  North  or  the  South,  or  in  any  region  be 
tween  the  poles,  will  alike  find  helpless  and 
unprotected  objects,  both  of  the  human  and 
brute  species,  on  which  to  exercise  their  hell 
ish  cruelty. 

Put  your   shoulders  then   to  the  wheel,  O 
ye  abolitionist  philanthropists  of  the  North, —  { 
labor  resolutely  for  the  removal  of  these  abom-  j 
inations  from  amongst  us.     Do  not  slacken  I 
your  efforts  for  fear  that  when  this  is  accom-  | 
plished  nothing   more  will  be  left  for,    you  to  | 
do.     But  when  these  abuses  are  reformed  and  ! 
amended  again  cast  your  eyes  around  our  own  I 
northern  sphere,  and  you  will  find  hundreds  j 
of  other  like  deserving  objects  of  your  philan-  j 
thropic  labors.     Visit  the  poor  in  their  lowiy  \ 
abodes ;  relieve  their  present,  and  invent  ways  ! 
to  enable   them  to   provide  for  their  future 
wants.     Look   into   our   prisons,    our    poor- 
houses,  and  our  asylums  for  the  distressed. — 
These  last  objects   will  alone   afford  food  for 
your  rampant  benevolence  for  a  score  of  years 
at  least.     I   have   had   trifling   experience  in 
these  matters,  and  speak  not  without  kuowl- 
edge  5  but  if  you  doubt  my  wortl,  receive   at 


least  that  of  the  present  Governor  of  New 
York,  who  in  his  last  message  holds  forth  to 
the  law-makers  of  that  State  the  following 
language  :  "  Nearly  one  thousand  insane  per 
sons  are  now  co'nfined  in  the  different  county 
poor-houses  of  our  State.  In  too  many  of 
these  the  afflicted  languish  wretchedly  with 
out  the  ch.ince  of  a  cure*  In  nearly  all  of 
them  their  treatment  is  simply  imprisonment, 
Their  helplessness  and  destructiveness  make 
their  confinement  in  most  cases  more  painful 
than  that  of  criminals." 

Again  I  say,  think  of  these  things,  and  let 
alone  for  the  present  the  "mote"  that  you 
perceive  in  the  eye  of  the  South,  and  cast  out 
the  "be.im"  that  so  obstructs  the  vision  of  our 
own.  Labor  earnestly,  diligently,  prayerfully, 
for  the  removal  of  the  sins  and  abominations 
that  stand  crying  for  redress  at  our  own  doors. 
Then  when  all  in  this  direction  is  accomplished 
— when  our  hands  are  made  clean,  and  the 
"beam"  is  purged  from  our  eye,  we  shall  be 
endued  with  greater  strength,  and  gifted  with 
a  clearer  vision  to  distinguish,  and  to  aid  ;n 
the  removal  of  more  distant  evils. 

But  if  I  do  not  greatly  mistake,  long  before 
that  period  arrives,  if  in  the  meantime  we 
cease  from  thwarting  by  our  short-sighted  and 
unchristian  haste,  the  beneficent  designs  of 
Divine  Providence,  we  shall  discover  that  the 
painful  probation  that  God  has  permitted  to  be 
meeted  out  in  our  land  to  the  colored  race, 
like  that  which  His  most  favored  people  were 
of  old  forced  for  four  hundred  years  to  under 
go,  is  not  without  its  object  ;  but  that  as  thro' 
the  one  dispensation  a  people  were  formed 
and  instructed  that  have  since  sta'mped  their 
Divine  impress  upon  three-quarters  of  this 
globe— the  other  is  yet  destined  to  convey 
light  and  knowledge,  through  the  experience 
acquired  in  perhaps  a  less  period  of  bondage, 
to  the  remaining^  quarter  of  the  globe ;  and 
that  the  little  plant  now  just  developing  on 
the  shores  of  Africa,  will,  under  the  fostering 
hand  of  America,  through  the  blessing  of  Di 
vine  Providence,  have  grown  into  a  tree,  be 
neath  the  broad  branches  of  which  countless 
millions,  protected  by  institutions  formed  on 
the  model  of  our  own,  will  repose  in  safety 
and  happiness. 

VAUCLUSE,  11.  I.,  1  mo.  28,  1856. 


[The  mailer  contained  in  this  pamphlet  was  first  published  in  eleven  numbers,  periodically 
which  may  account  for  some  of  its  abrupt  transitions.] 


TO  DESK 

LOAN  DEPT. 


LD  21A-50m-8,'61 
(Cl795slO)476B 


.General  Library 

University  of  California 

Berkeley 


Y'C  50646 


M16S088 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


